The Licensing Act.

Waimate Daily Advertiser, Volume VI, Issue 12, 31 January 1905, Page 4

The Licensing Act.

OPINION OF LAW OFFICERS.

Wellington, January 27. The Government has received the opinion of its law officers regarding (1) As to section 42 of Che Licensing Act Amendment Act of last session, dealing with persona found on licensed premises during prohibited hours; (2) as to the closing of licensed premises, and the true legal meaning thereof as expressed in the Bill, and (8) in respect to the inspection and closing of clubs during prohibited hours.

With reference to persons feund on licensed premises during prohibited hours, in the opinion of the law officers the powers conferred are so wide that it is essential that they should be exercised with intelligence and discretion, otherwise the law becomes a means of oppression. The question is one of administration. It appears in the opinion of the law officers, that from several New Zealand cases the police do not always understand the law and their duty in administering it. They appear to think that whenever a person is found on licensed premises after closing hours there should be a prosecution. That is not so. Anyone so found is liable to be prosecuted, even an inmate, servant, lodger, or a doctor attending a ledger ; but it by □o means follows that it is the duty of the police to take proceedings in each case. They should in each case ascertain the facts as far as possible, and prosecute only when they have reason to believe the person is there in contravention of the Licensing Act. In respect to closing, speaking broadly, it means that what would be a breach of the law would be to supply liquor, play billiards, or any other unlawful game at such prohibited time. In respect to the closing of licensed premises, an opinion has been given that premises are closed within the meaning of the Licensing Act if they are closed for the sale of liquour with the closing of the bar or liquor-sel-ling portions, notwithstanding that the doors are left open in order that inmates or other persons on other portions of the premises may have access thereto. This opinion is supported by Mr Justice Edwards in the case of Poole v. Ely. It is also considered that whilst the liquor-selling portion of the premises is so closed, any such person, as for instance a bona fide traveller, may lawfully be supplied with food and liquor refreshments other than intoxicating liquor. The exception as to liquor does not apply to lodgers under sub-section 5, section 22, of the Alcoholic Liquors Sale Control Act Amendment Act, 1895.

Regarding the third question raised, in reference to clubs, the Attorney-General has expressed the opinion that police, merely as police, have not statutory authority to enter and inspect chartered clubs. The “ right of entry is given by an inspector,” which means an inspector of licensed premises, and not an inspector of police or constable. By section 184 of the Licensing Act, of 1881, the right of an inspector of police, or constable, t> enter is confined to licensed premises or premises in respect to which an occasional license is in force, and has no referer ce or application to chartered clubs. The inspection of chartered clubs is provided for by section 27 of the Alcoholic Liquors Sale Control Act, 1893, which makes them subject to inspection by any person appointed in that behalf from time to time in writing by the Colonial Secretary. These inspectors are the only persons who have the statutory right to inspect chartered clubsunder the provision of the licensing laws, and it is provided by the same section that each inspector of the New Zealand Police Force is appointed an inspector of chartered clubs by the Colonial Secretary.