The Evening Mail. THURSDAY, DEC. 7, 1876.

Oamaru Mail, Volume I, Issue 197, 7 December 1876, Page 2

The Evening Mail.

THURSDAY, DEC. 7, 1876.

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We believe we are not singular in statinz that thf existing Licensing Act is very far front perfect, and that some of its clauses arc conipkto anomalies. At the last ortrvrterly sitting of the Licensing Court fur this, district, the Chairman expressed a hope that the clay was not far distant when a new Act would supersede the cumbersnuie ami tiufftctual one at present in force, a prayer which was fervently reechoed by the counsel present. Without

fur a moment wishing to call in question the equity or justness of any of tho decisions made on the various applications which came before the Commissioners on Tuesday, we must say that the arguments adduced l>y counsel for the issuing of bottle licenses were such as should carry very great weight. Here we had several of the most respectable merchants in the town asking to be put upon a similar footing with others in the same business, and the we presume, no doubt acting up to the strict spirit of the instructions laid down for it, did not deem it competent to grant the concession. We never have been an advocate for the issuing of bottle licenses, but certainly we consider that if a Commission have power to grant Sib.rty to grocers there should be no restrictions, without very goal reason were shown to the contrary. Buttle licences are issued to grocers for the reason that they arc conveniences to customers, who may wish to have their spirits forwarded to their residences when their other necessaries are delivered, and it cannot be denied that if one storekeeper by being ab'e to sell those comforts to his customers thereby conveniences them, the grocer who is debarred from doing so not only inconveniences his customers, but is plac-.d at a very great disadvantage in the matter of business. If the public believe that any one particular house in a town cither soils better goods or «t a cheaper rate than the others, and consequently wish to patronise it, why should they be debarred from dealing there for all their groceries on account of the proprietor being unable to furnish their sapjdy of spirit*, or otherwise be to npelled to divide their custom in two diii'erent establishments I Tiie instance mentioned by counsel wkh regard to the tendering for the Omani Hospital is a case in point of the injustice of the proceeding. Tenders v.vre called for the supply of groceries for [ that institution, but after they were opened, it was found impossible to accept the lowest one, as thy tenderer, not having a bottle license, was debarred from supplying the medical c »mforts. In reply to the objection, the chairman pointed out that in future the difficulty might be f ..bviated by the Committee of the Institution catling" for two separate tenders, but in proposing tiiis agreeable solution, the fact was 1 iji. sight of that it would be in the power of those possessing the advantage of thr; license to under-bid the others in the ma;ter of groceries, and recoup themselves in the tender for medical comforts. Wo are free to admit that it is a wise provision to allow the Licensing Commissioners a large amount of discretionary p-iwer in the issuing of hotel license*, and we are not inclined to question their reluctance to increasing their number: but with regard to bottle iicjnas.i, we are ralher with Mr. Hisr.op, when he stated that tho Bench did not by any imam; allow themselves the amount of di.icretionarv power which the Act had :n t!i> in. Ot course, tins 13 a ! matter which does not at all call for a new j Licensing Ac: to remedy. The clause [ says that the Commission will have full ! n..»wer and ant unfit v io grant such licenses where they deem a necessity exists : and 1 to our mind, if such permission be con- ! sidered a convenience and an advantage f granted to certain members of the trade, it does not require any great amount of logic to prove that it must be equally beßciicial to all.