THE NEW LICENSING ACT.

Tuapeka Times, Volume III, Issue 202, 14 December 1871, Page 7

THE NEW LICENSING ACT.

The following is a synopsis of the clauses of this Act, introduced into the House of Representatives by Mr. Creighton.

The Governor is as soon as convenient after the passing of the Act, to define the licensing districts, and such districts shall, wherever practicable and convenient, be identical with existing TJoad Board or school districts, but if. there are none of .these, the licensing districts are to be denned a« most convenient. The collectors of road and school rates are to give assistance to the* Resident Magistrate under a penalty of £20. No person, junless he is .duly licensed, is to sell alcoholic liquors, and holders of publicans' licenses are to have -only one public bar opening on any public street or road. By clause- 21 it is '"proposed that applications for licenses are to be supported by the applicant in person and not by any agent or policitor. No certificate is to be granted unless the applicant for the same produce to the Court a memorial in tavour of the same signed by at least one- third of the residents, who shall be entitled to vote

under the prohibitory clauses of the Act. As at present every certificate will require to be presented at the office nji the Provincial Treasurer, and the fee paid before the 30th June. . The prohibitory 'clauses - state that twenty persons entitled to vote may, after the passing of the- Act", "require tie Resident Magistrate of tlie district t a take .votes, as .to .bringing the pro.. . fcibitory clauses hito'opferari^n. * Every* person, male 'br'TemaTe/of the "a>e of 21 years," or if "teamed at the age of 1 S yea rs a ricPup tyaf3s7^n^fiaf7^|'d~ in' tlie district for'l^'moVthl^Vill oqt entitled to give "one vote" for dj* "against the adoption of the prohibitory rJauaes of the Act. The voting papere* ate Jt<f be sent- to the address of every person .entitled to vote, and all voting paper?

a,re to pass through the post-office bdtb ways "free. Provision is, however, made that if a voter hap not received a voting paper fhrpjigh the post-office?,

he or she can obtain the same, filf up, sign, and deliver ft personally to the Resident,. Magistrate. The Resident Magistrate is then *to declare the result,of.the voting, and unless at least two-thirds- of the aggregate, number of votes collected or sent in shall be in favour of the prohibitory clauses they are not to come into force within the district. If the clauses have not been adopted, no further notice can take place on the question for one year ; but if two-thirds of the voters are in favour of the . prohibitory .clauses being adopted the Magistrate is to sign a declaration to that effect, and it is to be published not less than three times in a newspaper circulating in the district. Clause 21 reads as follows :—": — " From and after the coming into force of the prohibitory clauses of this Act in any district as hereinbefore provided, no certificate or license whatsoever shall be granted or renewed for the sale of alcoholic liquor -within such district, and any person selling or disposing of, or allowing to be sold or disposed of, any alcoholic liquor within such- district shall be dealt with as. selling without a license, and subject to all the penalties, and all liquors found in his possession or control shall be seized and forfeited in the manner provided by any law now or hereafter in force regulating the sa^ of alcoholic liquors: Provided nevertheless that nothing herein contained shall affect any right or privilege conferred or on joyed by virtue of any license current or in force at the time of the said coming into force of this Act during the currency of the said license."

Licenses may be transferred as at present. Packet licenses may be issued by the Provincial Treasurer, upon the authority of the Superintendent of a province, on the payment of a fee not exceeding £10. But no alcoholic liquor is to be sold on board of such vessel whilst moored at any pier, wUmf, or jetty, except -within thirty minuteaafter her arrival theroator thirty minutes before her departure therefrom. No spirits, &c, are to be sold at Clubs without a license. No person holding; a license is to sell or supply drink on his premises between the hours of ten o'clock ai night, aud six o'clock next morning 1 , or on Sundays, except to hova fide travellers ; but on payment of an extra fee of XlO the time would be extended till midnight. No pledges it re to be taken for liquor. No wages aro to be paid in a licensed house, Pfivo only the vraofps of persons employed therein. No gambling or any game of chance is to be playtd in or upon a licensed ■ house or premises ; nor is any music or dancing to be allowed without an order from the Resident Magistrate, and such order is to be for special occasions only. No holder of a license under the Act is to supply, give, or permit, or suffer io be supplied or given, any alcoholic rlrinl? to any person of , whose faculties, whether mental or physical, are affected 'by alcoholic liquors. No traveller, unless under the influence of liquor, or a known disreputable person, is to be refused accommodation. In case of a holder of a license being convicted of felony, or voluntarily abandoning his house for more than thirty consecutive days, his license is to be declared void. Any person convicted of drunkenness shall pay a sum not leas than. 10s, nor more than 40s, and in default, to be imprisoned for 48 hours. Should any person be convicted three times within three months, upon the third and every subsequent conviction, he io, to be imprisoned, for any period not exceeding seven days, with hard labour, and shall for one year thereafter be held to be an habitual drunkard. Every habitual drunkard's name is to be furnished by- the police to all holders of licenses, and should any publican allow an habitual drunkard to be supplied with alcoholic drink, he is, on conviction, to forfeit £5 for each offence. Any holder of a license, upon conviction for three offences against the Act, is to forfeit his license. Relatives of intoxicated persons, if injured in property or menns of support, are to have aright of action against the person supplying the liquor. Any person mixing liquor, with substances injurious to health, is to ba liable to a penalty not exceeding £100, or imprisonment for a period not exceeding three months, and in case of a third conviction to forfeit his license. 'When a person is convicted for selling adulterated drinks, the chief officer of police is to affix on, some conspicuous part of the premises of such person, the notification of such conviction.