The Daily News. WEDNESDAY, OCTOBER 23, 1901. THE LICENSING BILL.

Taranaki Daily News, Volume XXIII, Issue 250, 23 October 1901, Page 2

The Daily News. WEDNESDAY, OCTOBER 23, 1901. THE LICENSING BILL.

The anxiously looked for (aDd nowhere more so than in New Plymouth) Licensing Bill h«s at list assumed a definite shape. ~ The new Bill consists of 21 clauses, and deals with a number of questions which require attention. The most important of these, as far as local interest is concerned, is the clause dealing with the removal of licensas from cne part of the district to another. The Premier has dealt with this in a way which is, we think, quite in accord with the spirit of the original Act, which undoubtedly relegated the decision regarding the number of licences to the vote of the people. Wo shall take an early opportunity of discussing the principal features of the Bill. In the meantime we must confine our remarks to the following sumary of its main provisions:—By clause 3 it is provided that at all meetings of the licensing committees tho quorum shall be four, and the Governor-in-Council shall have the power to fill vacancies, if less than the required number of committeemen is'elected. The chairman shall appoint the time and place for each quarterly meeting of the committee. With reference to the endorsing of convictions on license?, the convicting Court is given discretion by clause 4 to endorse or not, as it thinka fit, and in exercising its discretion shall have regard to the special circumstances of the case and the degree of the moral blame imputable to tbe convicted licensee. The endorsement shall lapse in twelvo months if a second conviction has cos been recorded on the license within that period. Nothing in this clause shall affect the provisions ef sections 206 and 207 ®f the Licensing Act of 1881 relating to the disquali-1 fications of persons and premises. Section 22 of the Alcoholic Liquors Sale Control Act, 1893, relating to the endorsement of licenses, is repealed. Every person who, for the purpose of obtaining liquor, falsely represents himself to be a bona fide traveller, shall be liable to a penalty not exceeding £lO and not less than £l. Clause 6 provides that in any case where a pub- j lican's or accommodatibn license ceasing to exist in a district, a new license may be granted by the Licensing Committee, such new license shall not be granted until after the next local option poll in respect of premises more than a quarter of a mile from the eite of the old premises. The law relating to wholesale licenses is altered to provide that the two gallons which may be sold are to be "of the same description of liquor." For the purposes of section 191 of the Licensing Act of 1881, relating to adulteration, the Governor may from time to time declare any ingredient or material to be injurious to health, and in such cas3 aoy liquor with which this ingredient or material is mixed shall be deemed to be adulterated. Clause 9 prohibits the use of salicylic acid or other anfci ferment in the manufacture of New Zealand wine. It is provided by clause 10 that all prosecutions for the breich of any of the provisions of the Licensing Acts shall be commenged within 21 days after the date of the breach, and not later. (Jhusi 11 prohibits the Licensing Committee from granting any publican's license or trans F er ef such licensn unless the applicant, if a tenant, is entitled to hold the premises under a good and subsisting written lease, nor! unlets, if the is executed after the! passing of this Act, it is granted for not less than four years. JBivery such lease is to be lodged with tho application for the license. Under clause 12 it shall not be lawful for the owner or landlord of any licensed premises t6 demand or j receive any consideration for bis consent to any assignment, sub-lease, or transfer of the license or the house by the licensee. Any moneys so paid may be recovered as a debt. Tho owner or landlord shall not refuse his consent to any assignment, sub-lease, or transfer to any person who has a certificate of fitness from a Stipendiary Magistrate, anything to the contrary in any lease, deed, or document notwithstanding. The Colonial Secretary, notwithstanding anything to the contrary in the Licensing Acts, may by elauße 13 of this Bill grant licenses in respect of premises in special placts for the convenience of the tourist traffic. These special places shall be specified by notice in the but thall in no case comprise any portion of the King Country. The Governor may make regulations prescribing the license f- s to be paid in respect of licenses under this section. Clause 14 prov'des that any person who sends a child under thirteen to any licensed house for liquor shall be liable to a penalty not exceeding £lO. By clause 15, it is provided j I that clubs holding a charter under sec- j

tion 229 of the Lieen it g Act of 1881 | shall be subject to the provisings of the ( Licensing Act relating fo inspection aod the sale of liquors. Club charters ■ shall hereafter be granted by tbe f' Licensing Committee insteid of by the i' Colonial Secretary, and no such charter I shall be granted unless the Licensing , Committee is satisfied that tbe club) will have a suitably appointed library and reading room. Clause 16 gives authority for the closing of premies during any specified period of theyeur. I Power is given by clause 17 to » y person convicted of a breach of ihe Licensing Act to appeal under ih« Justices of the Peace Act 1882, in- spective of the amount of the penalty imposed. Clause 18 provides for the recovery of costs and expenses from any defaulting local authority. Clause 19 deals with " tied houses," and provides that in any case wbere the lestor has agreed to abate or refund any part of the rent in consideration of the lessee's purchasing liquor exclusively fcom the lessor or some parson narmd by him, such agreement shall, lo the extent of this abatement", be deemed to be an agreement within the meauiug of sub-section 5 of section 35 of the Alcoholic Liquors Sals Control Act Amendment Act, 1895.