A NEW LAW ON DRUNKENNESS.

Taranaki Daily News, Volume XXXXV, Issue 84, 9 February 1903, Page 4

A NEW LAW ON DRUNKENNESS.

IMPORTANT CHANGES. The late Archbishop Magee used to declare that—were the choice given to him —he would prefer England free to England sober. Parliament evidently prefers England sober. Consequently the public must be prepared to find the Licensing Act, 1902, which came into force on Ist January, a very drastic measure. - First and foremost, if a person is found drunk in any highway or other public place, whether a building or not, or on any licensed premises, and appears to ba incapable of taking care of himself, he may be apprehended and dealt with according to law. There is a penalty—either a fine or a month's imprisonment—for being found drunk ia any highway or in any place, whether a building or not, to which the public have access, whether on payment or otherwise, or on any licensed premises while having charge of a child apparently under seven years of age. These two provisions are a great advance on th > law as it stands, which says that a drunken person shall in no case be interfered with by the police, unless he is disorderly, and likely to do himself or others some injury, or is drunk while in charge of any carriage, horse, cattle, or steam engine. The existing law says nothing about children. MARRIED DRUNKARDS. Life is henceforth to be made impossible for the habitual drunkard. And, first of all, it may be worth while to point, out what a habitual drunkard really is "A 'habitual drunkard' is 'a person who, not being amenable to any jurisdiction in lunacy, is, notwithstanding, by reason of habitual intemperance driuking of intoxicating liquors,'at times dangerous to himself or herself, or to others, or incapable of managing himself or herself and his or her affairs.' " I By the new Act, where such a person is a married man, his wife can apply for a '.separation order—which order while in force will hava tho same effect as a decree of judicial separation on the ground of cruelty. Shu will be entitled to retain the legal custody of the children of the marriage i under 16. Her husband, the habitual drunkard, will have to pay her such weekly sum, not exceeding £2, as the court shall, haviug. regard to the means both of husband and wife, consider reasonable. Where the wife is a habitual drunkard the court may, instead of making a separation order, order the wife, with her consent, to be committed to a retreat licensed the Inebriates Act. The police belonging to the district where the court is are to receive notice of the conviction of any offender under this Act, where the court is satisfied that an order of detention could be made. "If the convicted person within three years after the date of the conviction purchases or obtains, or attempts to purchase or obtain, any intoxicating liquor at any premises licensed fur the sale of intoxicating liquor by retail, or at the premises of any club registered in pursuance of the provisions of part three of this (Licensing) Act, he shall be liable, on summary conviction, to a fine not exceeding, for the first offence. 20s, and for any subsequent offence 405."

PUBLICAN'S RISK. Publicans, wine and spirit merchants, and any persons " selling, supplying, or distributing intoxicating liquors, or authorising such sale, etc.," ou the premises of a club registered under Part 111. of this (Licensing) Act, are under an even more onerous liability than the habitual < drunkard himself. | If within three years of the conviction ! of such a person the publican or wins merchant or club manager "knowingly sells, supplies, or distributes, or allows any person to sell, supply, or distribute intoxicating liquor t'>, or for the consumption of, any such person (habitual drunkard), he shall be liable on summary conviction, for the first offence, to a fine not exceeding £'lo, and for any subsequent offence in respect of the same person to a fine not exceeding £20." Ihe friend who encourages the drunken person to go on drinking also comes in for 1 attention. This section of the Act is particular clear: " Any person who, being on any premises licensed for the sale of any intoxicating liquor, whether on or off such premises, shall procure or attempt to procure any intoxicating liquor for consumption by any drunken person, or who shall aid and abat any drunken person in obtaining tr consuming any intoxicating liquor on any premises so licensed as aforesaid, shall be liable on summary conviction to a fine not exceeding 40, or to imprisonment, with or without hard labour, for any period not exceeding one month." It may be added that the police will be sailed upon to warn publicans of these convictions, and help as far as possible the publican is establishing the identity of convicted drunkards. And last, but not least, under this part of the Act, where a licensed person is charped with permitting drunkenness on his premises, and it is proved that a person was drunk on the licensed premies, the licensee must prove that he and the person employed by him took all reasonable steps for preventing drunkenness on the premises. ADDED DIFFICULTIES. The Act also contains some drastic amendments of licensing law, which all licensed persons will do well to study. Among the more important points to be noticed are : A justice's license will now be required in the case of every excise license for sale of intoxicating liquor to be consumod off the premises. To this section there are certain exceptions. Licenses are no longer to be endorsed for the purpose of recording convictions, but notice of the conviction is to be entered in a register, and on every application for grant, renewal, or transfer regard is to be had to such entries, whether relating to the person or the premises. The general annual licensing meetings are to bo hell during th>> first fortnight in February instead of in the autumn, as hitherto. Licensing justices asked to grant an "in" license may require a plan of the premises to be produced and may order such alterations as they ihink reasonably necessary to secure the proper conduct of the business to be made iu that part of the premises where intoxicating liquor is sold. An occasional license will require the consent of a petty sessional court, and 24 hours' previous notice to tho superintendent of polico for tho district. THE CHECK ON CLUBS. So far as clubs are concerned the Act inaugurates an entirely novel mode of treatment. First and foremost comes the matter of registration. Henceforth every club which occupies a house or part of a house or other premises which are habitually used for the purposes of a club, and iu >vhich any intoxicating liquor is supplied to members or their guests, must be repistered. The secretary of every such club must henceforth yearly furnish to thee'erk of the justices a return containing particulars as to the name and objects of the drib, the hours of op-.-ning and closing, and the rules of the club. A club may bo struck off the register on the ground th«t "the number of members is 'ess than 25, or that it is not conducted iu good faith as a club, or that there is frequent drunkenness on the club premises, or that illegal sales of intoxicating liquor have taken place' on the club premise* " Other reasons for striking a club off the register are : That persons who are not members are habitually admitted to the club merely for tho purpose <f obtaining intoxicating liquor. That the club occupies rren.. ' . re spect of which within 12 iuonia.i next preceding the formation of the club a

license has been forfeited or the renewal of a license has been refused. That the supply of intoxicating liquor is not under the control of tho members or the committee appointed by the members. That persons are habitually admitted as members without an interval of at least 48 hours between their nomination and admission.