The New Zealand Times (PUBLISHED DAILY.) THURSDAY, OCTOBER 31, 1878.

New Zealand Times, Volume XXXIII, Issue 5490, 31 October 1878, Page 2

The New Zealand Times (PUBLISHED DAILY.) THURSDAY, OCTOBER 31, 1878.

It ia much to be regretted that the whole question of tho public-house licensing laws way not passed under review during the present session of Parliament. The entire system urgently requires remodelling, aud until that lias been accomplished there will he an uneasy feeling throughout tho country that a great duty is being neglected by our legislators. It is a remarkable fact that almost all classes of the community are agreed as to the necessity for some sweeping changes in those laws. Tho thorough-going Good Templars, tho men of what wo may call the moderate party, and the publicans, brewers, distillers, and importers, all view tho existing law with disfavor, and desire its alteration. They ditter widely as to what shape tho new legislation should take, but agreo iu abusing what Parliament and Provincial Councils have already given them. A small section of tho community would be pleased to see the sale of intoxicating liquor altogether forbidden under heavy penalties, and would be content to push matters to extremes without regard to the wishes of those holding different opinions, aud without considering how tho revenue was to bo recouped the heavy loss it would necessarily sustain. Many of these men aro unable to appreciate justly any facts or arguments which tell against their particular views, and they may be dismissed without further ceremony, for whatever tho distant future may have in store for Kow Zealand the present generation, wo fear, will notseo tho dreams of these enthusiasts realised. The best men of this extreme party are aware that legislation after their own hearts is not yet to bo hoped for, and they would be willing to compromise matters by accepting what is generally known as “ The Local Option Bill.” Tho principal object of that measure was to allow a majority of the adult inhabitants of any licensing district to forbid the granting of publicans’ licenses within their boundaries, and a somewhat clumsy provision was made for recording the votes. It is very doubtful whether tho country would be prepared to accept even this mild measure of temperance law, but of a surety the Bill would again come to grief unless fair compensation were provided for those publicans whoso houses wore closed in consequence' of an adverse vote in any district. Her do we think that the law would be taken advantage of to any extent. A very few country districts might vote against the licenses, and then, the doors of the public-house being closed, sly-grog shanties would, we fear, spring up to supply its place. Even now in many parts of the colomy, more than sufficiently dotted over by public-houses, there are large numbers of these abominable clens, against which the police wage a constant and often ineftectual warfare ; and if this is the case when there are certainly no special drilioulties in the way of carrying, on tho liquor business legitimately, tho evil—unquestionably a grave one—would bo intensified when it became impossible to obtain a license. It may bo taken for granted that whatever Ministry introduce the Licensing Bill next session, and whether tho local option clauses form a part of tho measure or not, the power of granting or refusing licenses will still rest with Courts appointed by Government. A careful revision of tho boundaries of districts is called for, and it would bo a move iu tho right direction if the number of members composing the Courts was increased. But a great deal more than that is required. It is impossible to avoid giving tho Licensing Courts a discretion in the exercise of their functions ; but it would conduce greatly to an equal and impartial administration of tho law throughout the colony if this necessary discretion were reduced to a minimum by laying clown stringent regulations for tho guidance of members in tho discharge of their duties. We do not hesitate in saying that under the present law licenses are readily granted in some parts of tho colony which would certainly be refused in others, and this in cases where it would be an easy matter so to mark out tho duty of tho Courts that the decisions should bo alike under the circumstances, whether given in Auckland, Christchurch, or anywhere else in the Islands. Nothing tends more surely and justly to bring the law into disrepute than such inequalities. Wo have no reason for supposing that any one of the Licensing Courts has fulfilled its functions otherwise than conscientiously, and with a sincere wish to benefit the district over which it exercises jurisdiction ; but that admission does not dispose of tho difficulty. For instance, the Licensing Court of this City has no doubt acted in good faith in carrying out the provisions of tho Act; but is it to be supposed that tho same state of things prevails everywhere as is disclosed in the report of ‘ the committee of the House which recently inquired into the charges brought by Mr. Barton against the Wellington police ? One of those charges (3) is that the force showed favoritism and partiality in recommending and objecting to publicans’ licenses. The finding of tho committee is as follows “ Tills charge has not been made out, but tho committee is satisfied on tho evidence that too much power has been lett to tho police in this district, and that practically a recommendation or objection on tho part of the police without further evidence has had too much weight in the granting and refusal of licenses.” It seems possible to limit tho excessive power hero complained of by making it imperative on tbc part of the police to bring before the Court evidence in support of their recommendations or objections. It is plain that their opinion, to be of any value, mustbebasecl on facts, which should bo sworn to, as in ordinary cases, before being allowed to influence the granting or refusal of an application. There are various other methods by which tho duties of Licensing Courts might bo rendered easier, and tho system loss subject to variation in diflorcnt localities. It has been suggested that tho law should limit the number of public-houses ou a given area in towns ; and so long as tho sale of intoxicating liquors is made tho subject of special legislation such a restriction might not bo unwarrantable. Iho limit once reached tho Courts could grant no further applications. Cases on the goldfields might bo quoted, where as many as four or- five houses joining each other have been licensed at tho same time. The two questions, of proportion of licenses to area,

and distance between public-houses, are continually forcing themselves on the attention of the public, and causing trouble, and oftentimes disagreement, amongst members of Licensing Courts. The Legislature could apply a remedy which, is not fully effectual at once, would become so in the course of a few years. It is a further sign of weakness and discord in the present Ministry' that the licensing question has been shelved for another year, and, as a matter of course, the circumstances will not bo forgotten by the large and increasing number of the people of the colony who take a deep interest in its satisfactory settlement. The Hon. Mr. Sheehan slated in the House that after reading the Licensing Bill he had proposed to introduce he found himself unable to do so, because it appeared to class all publicans as rogues and cheats. If it went as far as that we do not wonder at the refusal ; but unless wo are mistaken this same Bill was the handiwork of one of his colleagues, and the divergence of opinion between the two lion, gentlemen is precisely' what might have been expected in “ the strong and united Ministry.”