THE NEW LICENSING BILL.

Taranaki Daily News, Volume XXXXV, Issue 227, 22 October 1903, Page 2

THE NEW LICENSING BILL.

THK LICENSING ACT AMENDMENT I AUT, 1903. I By BiiSOTuio Telegbaph. | (Special to Daily News.) [By the courtesy of the Premier we ar« enabled to place in the hands of nur readers the full texS of this important measuro.] Wellington, October 20. A Bill intituled " Ad Act to Amead i;he Licensing Acts" : Be it enacted by the General AsHembly of New Zealand in Parliament •issembled, by authoiity of the same, us follows: -- The short title of tbi3 Act is The, Licensing Ads Amendment Act, 1903. It hha'l form pare and be road together ■vith the LiceusiDg Acts as defined by the Alcoholic Liquors Sale Control Act Atnendment Act, 1895. In this Act, if not inconsistent with the context., the Amandmunt Act means Alcoholic L'quors Act Amendment Act of 1835 ; elector means persons entered on the electoral roll of the district; thereby entitled to vote at the Parliamentary goneral election in that district; Electoral Act means the Electoral Act, 1902; electoral poll means the poll taken under the Electoral Act, 1902, for the purposes of the Parliamentary general election; Licensing Acts includes this Act; the principal Act means the Licensing Act, 1881. At the Licensing poll to be taken next after the passing of this Act and every subsequent Licensing poll, the question to be submitted for the determination of the electors will be whether licenses shall be granted in the district? The Minister shall provide the returning officer of each licensing district with a sufficient quantity of uniform voting papers in the form numbered in the first schedule hereto, in any colour than white, perforated books of voiing papers numbered consecutively, commencing with aumber one, in each district according to the approximate number of electors in the district. At the close of the poll the returning officer shall, after rejecting informal votes, count the votes and ascertain and determine the result of the licensing poll in the manner provided by this Act, provided that a voting paper be not rtjqcted as informal merely on the : ground of the imperfection of a mark if ih9 voter has made it obvious how he intended to vote. Where, in taking of any such licensing poll in a district where Houses exist, the number of votes recorded in favour of licenses nob being granted in the district is not les} than three-fifths of all valid votes reoorded, the proposal that licenses shall not be granted in the district shall he deemed carried, but not otherwise. If each proposal is carried it will not be necessary to elect a Licensing Committee for the district, and it shall not be lawful to grant any license.?. | If such proposal is not catried the number of licons?s existing at the date! .'of the poll shall continue, subject to the power of refusing to renew licenses objected to on any of the grounds mentioned in sub-sections 1 to 4, section 81, of the principal Act, and the provisions of Licensing Acts relating to the forfeiture or increase of licenses. Where (no?) licenses exist and the aumber of votes recorded in favour of the licenses bein-; gran'ed ia the district is not less than three-fifths of the valid votes, the proposal that licenses shall be grunted in the d ; strict shall be deemed to be carried, but not otherwise.

I If the proposal is carried,a Licensing I Committee shall be elected in the manner and time prescribed by the Licensing Acts, and licenses shall be "ranted if applied for, no" exceeding, in the case of publican's licenses, ons 'icense for every thousand papulation in the district at last preceeding census. In the case of each other desoripion of lieonse, as many licenses as were in existence when licenses in the district was last granted. If the proposal be Lot carried, it will not be necessary to elect a Lioensing Committee for that district, and it shall not be lawful to grant licenses I therein.

The result of every licensing pall now in force or taken under this Act shall have efl'eot until superseded at a subsequent valid licensing poll. Whore a licensing poll taken after the passing of this Act is, on inquiry, under section 7 of the Amendment Ac*, declared void, a tresh poll shall bs taken in the manner prescribed by the Amendment Act. in the casa of a licensing poll in a district in which no electoral poll is taken, and wbete the electors of the district have determinedjin the manner prescribed by the Licensing Act that oo licenses shall be granted therein so long as pursuant of such determination, no licenses are in force therein, it shall not be lawful, except as hereinafter provided, for any person m the district to have liquor in his possession one month from the date whep. the determination comes into fores; Evary person in whose pissession liquor in found contrary to this section shall be liable to a fine not exceeding £2O, and all liquor found, with tha receptacles wherein the sinie is contained, shall be forfeited. The Minister may direct either that the liquor forfoited shall be handed to the Hospital Board or to the trustee of the hospital in the district where the \ l'quor was found, for the usi ind bene-1'

, fit of patients, or that the same be sold f and 'he proceeds paid to the Hospital . Board or trustees. Nothing hereiu shall prevent any pnrsjn hiving in his for religicus purposes of liq-jor for madiuinal or scient'fic or manufacturing purpose?, provided the sde and storage of wine or liquor shall be subject to the conditions the Governor, by regulation*, thinks fit to impose. Oil the taking of the licensing poll next after the passing cf this there shall be submitted a determination to the electors whether the licensing poll shall be taken at every succeeding electoral poll or at the altercate electors! poll, The voting piper for such question shall be in the form numbered in the first schedule, and shall be of a different colour to the voting paper for the [licensing poll and the ballot p»por for the electoral poll. The provisions of the licensing Acts relating to the lioatßing poll shall apply to the poll taken under this amotion, except that the question shall be deter-

mined by a mf-jority of the valid votes recorded -t the poll, The result of the poll under this section shall be publioly no'ifidd in the manner, prescribed in t|ie Reposing poll, and havo effect according' to th'o tenor of such notification. Where, by reason of the abolition or alteration of an electoral district after the pissing of this Act aoy area or licoDaing distriet, whether'newly con-

stituted or already existing, notwithstanding the abolition or alteration of such original district-, the following provisions shall apply : - Su.li arei shall far nit purposes of the Licensing Acts other than I'ur tho purpoaoa of votiug at an election of a (committee at i.iui taking of tho licenhing poll, be dijonael not to form of such new district; but continue to be comprised in the original diatiict si if it were not abolished or altered until '.be result of tho second licensing p>ll taken in the cow district is notified to 'thn committee thereof by tho returning olhVer.

I Upon the rrsult being notified such urea be subject thereto, and sh-itl emu ■;o be d> wiuo'l to bo comprised in tho original district. If in such case thin is no committee in tha dist:ic, then, until rhe ar.ift coo8"S to bodeatuo>! cinapris"d tharein, the functions an! jurisdiction of -\ eommiitee sh ill he oxur.isod in n-spsct of th) siri aret by tho Stipandiaiy Magistrate for the tiui< owing within the are* or locality t hereI of, as the Governor, by notion in the Gazette, names io that behalf, su;:b notice So be conclusive evidence as hi all matters stated therein. Stction 5 of the Alcoholic I/'quors Sale Otfntro! Act, 1893, relating to granting licetHni where the population issudd<dly in creased shall be construed under tho fo'lowing conditions: The Gavernor's Order-in-Oouncil Rhall not be mad.-, unless he is satisfied that the population of the riding of the county to | which the proposed order relates has | increased at least seven hundred persons; the Licensing Committee shall not grant licenses unless a majority of the adult residents within a radius of three miles from the site of the premises proposed to be licensed consent to the grant, such consent to be given s by a petition in support of the licensa or a vote at the poll, signatures to thi petition to be verified by statutory declaration. The declaration exempt stamp duty, A poll taken in the same manner as a proposal to raise a specul loan.

Sections 5, 6, 8, and 12 of the Amendment Act are hereby repealed, and part 1 of the Amendment Act shall be subject to the foregoine provisions of this Act. With respect to the Licensing Committee in each district the following provisions fhall apply : In addition to the Magistrate and the elected members of the committee, the Mayor of every borough and the chairman of every country in a licensing District, shall be ex officio members of the committee. Where such borough and county is partly in one and partly in another district, the Mayor or Chairman of such borough or county shall be flx-officio a inomber of one of the licensing as the Governor determines, provided that if any Mayor or: Chairman is the holder of a publican'ril license, the Council of the Borough or County of which he is Mayor or Chairman shall elect one of its members an ex officio member of the committee in his stead. Notwithstanding anything in section 6 of the Alcoholic Sile Act, 1903, a person disqualified by that section may be elected and act nn a member of the committee, but not on any question before the coinmittoa affwting himself. If the number of eleotive members of the committee elected is less than the number required to be elected, the Qovernor-in-Oouncil may appoint fit persons resident in the district to complete the number. The elective members of the Licensing Committee in each district shall he elected on the second Monday in March, 1906, and the same day every third year. It shall be the duty of the returning offiour to give notice of the day of election not later than the third Monday in February before the eleotion. Subsection 1, seotion 19, of the amendment Act, jg repealed. The Chairman shall appoint the phc» for holding the quarterly m«etinKß of the committee, and sub-section 6, section 7, of the Alcoholic Liquors Sale Control Act, 1893, shall read accordingly. Section 20 of the Amendment Act is amended by the addition of the following words: " Provided that it shall not be necessary for the chairman and two members to be actually together for the purpose of jointly exercising any powers," All questions of law in any proceedings of the committee shall be determined by the Magistrate. Sub-section 21 of the Amendment Aot repealed. . Every applicant for a license whose mraie is not in the register of licenses as the holder of a liceuse shall, with hie application, deliver to the clerk of the Licensing Committee testimonials as to his character and suitability, to be for- i warded by the clerk to the inspector, who shall report to the committee. i In licensed premises there shall be i the number of bars mentioned and no |

( mare, Where the number of rooms available for the public doea not exceed . 12, one bar; where the number of room* ' is 12, but doss net exceed 30, two bar?; where the number exceeds 30, three bars ; forevsny tar exce-diug nae there] shall be p\yable by tho licnsea an additional foe of £5. For purposes of this section, " bar " means a room, compartment, or pi ice in licsnsnd premises where the public enter to purchase liquor. From and flfter 30th June, 1904, n* bot'le liceuse shall ba granted or re newed, and all existing bottle licenses shall be cancelled. With rosprcfc to recording and endorsing cosv-otions of licenses, the following apply : In every case under the Licensing Acts where it is directed *bat a conviction bo rscorde' and endorsed on the license, the coti- ' victim; 0 -urt sfnll h.ivo fo record and eidorse or not to record ind ' endorse the <ou"tctioa as the Oour thinks fit. livery record and pn.iorse I <

ment mde b fern the passing of this Ant shall lapse and bit d -f>me 1 c m celled, if at the expiration of 12 months from tha date of conviction r»c rded and endo.-Fed an.vhar conviction hanot neon recorded and endorse 1. Section 22' of the Alcoholic Liquors! Act, 1893, is hereby ivpeiled. I The register of licenses required to be kept shall be in two partu, ms f ,1lows j Tha register of licensed p-avons contain particulars of names and persons to whom licenses are granted and of the premi.es with respect to eac i license granted. The second register of lictjsed premises s>ia!l contain par- ' icularsof thepretnisos to which license* are gnn-ed, the n>mos of th« owners of the premiss and the names of the persons holding the license. I Where the Court under the last seo-

tion records or endorses a license a corresponding record shall be mads in the register. Wbeio a record of three convic'hns in three j ears is made in the register the license shall be, oano»l----led aurt from holding * licence far fiveyears, Where such record and endorsement is in re'pe6t of any flenoe mentioned in sections 192 or 206 of the ptinoipil Act, or seotion 23 of this Aot, a corresponding record]

I agaiust Uie promises ia wuich the of|fon o was committed ahull he made in the register. Whore a record of three convic ions in three year* is wade in ! the register against, the same premises j the license of such premises shall be forfeited, and no license snail be granted f r a period of two years trom the date of tha third endorsement. Buh-s3<stiou 5, section 22, (if the Amend ment Acs is hereby amended, repealing the words " arriving from " • iunci substituting "or at end of," and by adding after " t-n pounds" the words "and not less than one pound." 21. (1) A wholesale license shall au'huritie the licensee to hII and 1 liver liquor at one place only, to be .(|>etified in tha license, in quantities of io', laii, than two gallons of the stme description of liquor, to be delivered at my oik! time, tmch liquor not to be ■.•i.tist.m d in or upon the licensee'* ii"U e or premises. Provided that i I'hmg heroin nh-.1l prevent the holder of a who ! esile license from selling or fuliveriiit,' liquor from any bonded warehouse. (2) F.ir the purposes of this sKcuon, spirits, wines, and beer -hill ba deemed to be different desviptions of liquor one from another. (3) Section 35 of the principal Act is hereby repealed. 22. Where a license has lapsed or it refused renewal tha original number of licenses in the district or any numbar short thereof shall nob be made up bf granting a n«w license anywhere beyond the boundary of the, borough (if undivided), or beyond the ward (if divided into wards), or the riding of the county as the case may be, within which the licensed premises were situated ; provided that in no case shall any license that has lapsed or is refused renewal be granted as a new license in any borough in respect of premises situate more than a mile from the original licensed premises, and in any county more than one mile from such premises. 23. (1) Every licensed person who supplies or allows to be supplied in his licensed premises, by purchase or otherwise, to be consumed on the premises, any spirits, wine, ale, beer, or porter to any person apparently under the age of 18 years, not being resident on the premisas or a bona fide guest, lodger, or traveller, and avery person who actually gives or supplies any such liquor, is liable for each offence to a fine no* exceeding ten pounds. (9) Every youth who by falsely representing himself as being of the age of 18 years or upwards obtains for consumption on the premises any spirits, wine, ale, beer, or porter is liable to a fine not exceeding teo pounds. (3) Section 166 of the principal Act is hereby repealed. 24. Every parson who sends a chili under the age of 13 years to a licensed house for any liquor is liable to a fine not pxcedjng ten pounds. 25. (I) Every parson found on license i promises at any time when such premises are required by the principal Act of "The Alcnholic Liquors Sale Control Act, 1903, to be closed, is liable to a fine not exceeding two pounds, unless he satisfies the Court that he was an inmate servant, or lodger on men premies, or a bona fida traveller, or tsbas otherwise his presence on suoh premi-es was not a breach of the provisions of the Licensing Acts with respecl; to the closing of licensed premises. 2, A cons'able nwy demand the na mi and address of any parson so-found, and if he has reasonable ground to suppose that the name or address given is f ..lse may require evidence of the correctness thereof, and if such person fails upon such demand to give his name and address or such evidence, the constable shall caution him, and if he still persists in such failure may appa* hend him without warrant and tan ! him as soon as practicable before a justice, who, if such person gives his correct name and address, may order him to be released on bail. (3) Any person required by a constable under this section to give his name and address who fails to give the same or gives a false name or address, or gives false evidence with respect to suoh name and address, is liable to a fine not exceeding five pounds. 26. (1) In any proceedings under the Licensing Acts against any licensee for sailing 1 liquor to a prohibited person it shall be a sufficient defence if the defendant satisfies the Court that he or, as the case may hj», h<s agent, actually selling theliquoi, did not know thai the person to wiiom (.he liquor was sold was a prohibited p r*m. (2) Section 13 of the Alcoholic Liquors Sale Controt Act, 1893, is hereby amended U follows-(A) By repealing the words " licensed parson within any district in which such prohibition order is in force," and substituting in lieu thereot the words " peison whomsoever "; and also (8) by adding at the end of the section the words " and the fact of suoh person drinking liquor or having it in his possession shall be sufficient evidence of his haviog procured it in breach of this seotion."

27. (1) Every lioa&see who permit* "or connives at gambling or the playing of any unlawful game on bis licensed premises is liable to a fine not exoeed* ing ten pounds. (2) Where any pewon is found drunk in any publio roam in any lioensed premises the licensee shall be presumed, until the contrary is proved, to have permitted drunkennett on his premises, and shall be liable aceordingly, 28. Rirthe purpose of section M Jof the principal Act, relating to adulteration, the Governor may from time to time declare any ingrediont or material to be injurious to health, .and ia such case any liquor with which -u?h ingredient or nutarisl is mixed sunll be deemed to be adulterated. 29 AU p-osecutioas foe the breach <>f <uy of the provisions L.f !h« L <*an■ius Acts shall be cjmm*nct-d -vicftia 0 " o " f,, » f l»r the date of thu breach. and not; larter.

3U. (1) H sball nnt be lawful for the wiiir <n-la of any licensed pro-wis->s to deraar.d or receive any fiae .ayment bonus ! rernium, orco ii.i«i3? tion for his lo ose .t to /itiy aaUj-uraent, <u->-loase, or transfer of tha licensed remises or rhu lionise by the licensee, (2) In aiiy cose where acy sucS payment, bonuj, premium, or consideration has bsen paid after toe commencement of this Act, then any maueys so paid may be recovered as a debt from he person receiving the nun by tb« p raun paying the same. (3) Th# '•vnsrorlandlerd shall not ret us* hit •oiiseai, as aforesaid to any assi«nmeDt suv-last, or transfer as af ir, B »td to iuy p won who has a <*r iflj 4 te of fit. o«ss to hold a publican'- licensa signal ty a Magistrate, anything to thi ooa. traryinany lease, deed, or d.*»'&a„4

under section 328 of th* pSncirftl TO the Lwenswij? Aota'r Uting to i M ba«J tun and illicit B *J.,.< (i) Wharffi -eh club is situated in a tncJmwhioh for the time !*!>£

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