THE NEW ZEALAND LICENSING ACT.

Waikato Times, Volume V, Issue 291, 24 March 1874, Page 2

THE NEW ZEALAND LICENSING ACT.

As numerous inquiries are being made regarding the provisions of the Liceming Act of 1873, now in force, we quote the following summary of ita provisions from the Wellington Independent : — One of the most important of the statutes pasted last session is the Act to regulate the sale of intoxicating liquors. It will be remembered that this Act excited considerable discussion, and it contained in its original form, when first introduced, rnanj measures, especially that know as Sir Wilfrid Lnwson's. which were subsequently excised in the discussion which took place in Committee. The Act as it now stands, contains the celebrated permissire clause, which gives two thirds of the adults of any district the power to veto the granting of any licence. The other principal provisions in the Act are those vesting the granting of licenses in the Resident Magistrate and a Court composed of commissioners, and limiting the number of bars in respect of any ope license to one. The following is a summary of the Act: — Under the head of alcoholic liquors are included wine, ale, boer, cider, perry, and every description of distilled or fermented liquor of an intoxicating nature. Licensed auctioneers, selling bona fide by auction, and chemists and druggists selling alcoholic liquors are excluded from the operation of the Act. The GoTernor is empowered to proclaim licensing districts, wherever possible, making them identical and existing with municipal, road board, or school districts, and also to appoint Resident Magistrate! and to nominate cummissioners, holding office for two years, to form & licensing Court. Any pp rson dealing in or interested in tho sale of alcoholic liquors or in the premises in which euoh liquors are sold or manufactured, is disqualified from sitting as n member -of any Licensing Court, under a penalty of £50. The Resident Magistrate is to be chairman of the Court, or in his absence, the commissioners are to elect a chairman fir tho time being, and the chairman is on all ocasions to hare an original and a casting vote. The clerk of the Resident Magistrate's Court is also to act as clerk to the Licensing Bench. Licence* are to remain in force only uutil the SOtli of June next ensuing after (he date of issue, and the Licences which may be granted are awholesale licence authorizing the sale of alcoholic liquors in quantities of not less than two gallons to any one person, and not for consumption on the premises ; publicans' licences, authorizing the sale of liquors to bo drunk on the piemises only, bottle licences and packet licences, authorising the tale by retail of alcoholic liquors to passengers on board steamers and other vessels during the actual passage. There is an apparent discrepancy between the olause desoribing paoket licences and the schedule prescribing the form of the licence. The former authorizes the sale of alcoholic liquors to passengers while the vessel is being " navigated betweenjypy port or harbour, or in any river or lake within the limitsof the said colony," while the latter authorises "the said to retail any aloohoho liquors to any passenger on board of suoh vessel during »nj part of tho actual paisa^a e>'< buc'i v«sel as in mida witbiu '

the limits of the said province," ie , the province in which the licence is grmted. Every intending applicant fora bush and publicin's licence in to gire notice to the Clerk of the Resident il-igist rote's Court on Or before the firtt Tuesday in March, describing, at the game time the lign, situation, and nature of the bouse, tho names of tha landlord rod occupier, and whether alroady licenced. Every suoh application muit be accompanied with a certificate signed by, ten householders vto the effect thkt the applicant is a person of q iod fame and reputation, and a fit person to be tire holder of a licence. Notice of applications for wholesale snd packet licenses is to be given in 'the same way, but np'recommendatorv certificate is. necessary, and municipalises may issut this oliss of licencf on the- production of a flirt ifieate from tho licensing Oout& i>n or before one w#ek from the reoeipt of notices of application, th* clerk of the court is to post up a list of the applicants, and tbe Resident Magistrate is to convene a meeting of the Licensing Court on tbe (bird Tuesday in April, or as soon thereafter as may be convenient. Notice of the meeting, the names o/ applicants, and situation of houses are to be advertized at least thrice 1 , and oxwmonth prior to tho date fixed, and tbe date may be ad* journed from time to time if mcfesiary. Two- thirds of the adifc residents in the 7 district' may merttorialtoß tho court •gainst Any particular application, but thettnemorial omit b« lodged 4rith the clerk of the Licensing Oonrt in the district 'sever* clear daya before the meeting, and. the signature* .to the memorial are to be verified befort tbe court upon oath by witnesses. The memorial must state the names of objectors, whether male or female, the age, occupation, date of signature, and place of resident. Any householder may. (having previously given seven days' notice to the clerk of jflM? court) apiear before the ooort in pn*od, and object to l^bVtfefsitiling of any licence. The police are to attend court ' apd report regarding hou»e». It the signatures. to- the mertiorial by two-thirds are found after examination to be grnuine, the court is to refuse the licence objected to,- and' in the ca<e of unoppo»ed. applications, or si^ch aa are opposed i by one or more householders, the court is to ekeroise ita discretion. Within 14 days from tbe sitting of the court, a. lirt of granted licenses is to be sent to the Protincial Treasurer of the previncf > and that officer is to issue a licence certificate to 'alt guarantee* who apply before the end of June next ensuing. No licenses are to be granted* to houses in which » constable or bailiff is directly or indirectly iute* re«ted. All fees raised under the Act are to be paid to an officer appointed by the. Provincial Government. Tbe Act is to read as part of any licensing Provincial Act or Ordinance existing or to b« passed, but prorinoial measure* wbicb* conflict with the Act are- invalid: Pemms (except auctioneers and chemists and druggists as above mentioned) selling alcoholic liquors without a licence, and disqualified per? sons sitting on the licensing bench, are liable to a penalty of £50 for each offence.