Particular attention is called to section 22 of the new Licensing Act, regulatiug the sale of intoxicating liquors, as defining a discretionary power entrusted to the Licensing Court not expressed in the Nelson Licensing Ordinance. Heretofore it has been the custom to make the granting of appli. cations for publican's licenses dependent alone upou the report of the police authorities that the premises sought to be licensed contain certain stipulated accommodation. The actual necessity for additional public houses having been allowed to remain unquestioned, the licensing bench in every instance assuming as a safe rule that the fact of reputedly respectable individuals tin vesting i capital sufficient to embark in the business of pabllcans, was proof sufficient for all purposes of the Act that need existed for such houses. Now under the new Act it is expressly declared that the fulfilment of the requirements of the law as to accommodation given, or personal fitness of the applicant, shall not be held sufficient to ensure the granting of certificate for license unless in the opinion of the Licensing Court "there is a necessity for the public- house or other establishment for the sale of spirituous liquors for which application is made." This is a point that present owners or occupiers of public-houses, and others who may contemplate investing money in building or occupying such property, will do well to note Judicious exercise of the new power will depend much upon the constitution of each Licensing Court, but it is -very evident that if hona fide Licensed Victuallers who have invested their means -and devoted their time and attention in providing for the public the accommodation essentially neo ssary, would protect their own interests they must form Associations spreading throughout the colony, having two distinct and primary objects in view. Firstly, the prevention of any possibility of arbitrary action by the Licensing Courts, and secondly, to aid such Courts in repressing the iuferior class of drinkhouses which have sprung up unchecked not only in one province but throughout New Zealand, and which serve no purpose beyond affording the proprietors a means of lazy and unprofitable existence, and bringing au ancient and honorable trading fraternity into bad repute.
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Westport Times, Volume VII, Issue 1122, 7 November 1873, Page 2
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365Untitled Westport Times, Volume VII, Issue 1122, 7 November 1873, Page 2
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