Council Debate on Licensing




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ing his license, it might be the means of ruining
him irretrievably, and deprive himself and fami-
ly of the means of subsistence. Many publi-
cans have all their property embarked in their
business, and are under mercantile obligations,
which a deprivation of license would prevent
them from meeting.

Mr. Clendon—My only desire is, to effect a
public good.

The Colonial Secretary—The object of the
họn. member is, no doubt, to prevent any un-
seemly violation of the Sabbath; and, in a desire
to enforce a proper observance of the Lord's
day, I feel as strongly as Mr. Clendon. We
have heard a great deal of Sabbath legislation
in England, and of the numerous attempts to
enac stringent laws on the subject proving
abortive. In London, and many other large
towns, where the Police force is numerous, active,
and under the strictest discipline, it is found im-
possible to prevent the law, with regard to the
regulation of public houses on Sundays, from
being evaded, and those violations are the
more frequent, in proportion as the law is made
more stringent. I entirely concur with his Ex-
cellency, that we must not only consider what is
proper, but what is practicable. If I could be
satisfied that Mr. Clendon's amendment would
be really operative, I would with pleasure second
it. But, so far from having the effect of preven-
ting people from drinking on Sundays, I feel
convinced it would create an increase of the
evil. If persons could not obtain liquor in the
town they would go into the country—and if the
licensed public houses were closed against them,
they would obtain spirits illicitly. Such a regu-
lation as that now proposed would be altogether
ineffective.

The Colonial Treasurer—I think it is a great
evil that the Council should legally sanction what
is improper to be done. Polic houses ought
not, in my opinion, to be opened at all on the
Sabbath day, and I, therefore, quite coincide
in the propriety of Mr. Clendon's amend-
ment.

Mr. Porter—You cannot thrust a measure of
that description down the people's throats.—
Nothing is more certain than that your law
would not only be violated, but that you would,
in effect, encourage the opening of sly grog-
shops, where there would be not only a greater
consumption of spirits than in licensed houses,
opened at specified hours under regulations, but
the revenue would also suffer from your having
rendered profitable an illicit trade.

The Governor—Those who have attended to
the debates in the House of Commons on this
subject must be aware that members in that
august assembly have been obliged to vote
against measures, the principles of which they
approved, because they felt convinced such laws
could not be protected from infringement.—
Many hon. members had voted, on this ground,
against the Sabbath-bills of Sir Andrew Ag-
new. They saw that it was impracticable to
carry his views into effect, and rather than enact
a law which was certain to be violated, and thus

bring the law into disrepute, they had adopted the
other course, and voted against it. Sir Andrew
Agnew's plan would have not only prohibited
Sunday grog-selling, but travelling, the opening
of bakers shops, the sailing of ships, and other
things of the like nature, which hon. members
saw could not be prevented.

Mr. Clendon—This being a new colony, we
are presented with a fitting opportunity of trying
the experiment.

The Governor—I do not think it judicious for
one colony to stand alone in this matter. I
would rather first see the adoption of such a
measure in the parent state. If this was done
many of the difficulties in practice would be at
once removed.

Mr. Porter.—Restrictions, more especially
when opposed to the habits of the people and
the present state of society, will not have a ten-
dency to make men temperate. No such stringent
law exists in the West Indies.

The Colonial Treasurer—(Looking round the
Council-room), I do not know whether any per-
son is present from the land-o'-cakes; but, in
Scotland public houses are always closed on the
Sabbath-day, and I do not believe that the
restriction leads to the consumption of spirits
illegally obtained. Such may be the effect in
the penal colonies by which we are surrounded,
but in this free colony I should very much like
to see a legislative enactment similar to that of
Scotland.

The Colonial Secretary—By the clause now
under consideration it is not meant that persons
shall abuse the privilege of visiting licensed
houses at specified periods. If the regulation
is infringed upon, the offenders are liable to
punishment. I agree with Mr. Porter, that the
morals of the people are not to be preserved by
enactments which are offensive, because gene-
rally disapproved. If one man is determined to
get drunk, that is not a sufficient reason why
we should debar the rest of the community from
entering a tavern; and transgressors of the law
may be punished by the Police Magistrate. I
will not oppose persons going to taverns at proper
hours. We have all the same object in view;
and I do not think that, in voting for this
clause, I am injuring the morals of the peo-
ple.

Mr. Porter—It is the abuse, and not the use,
of liquors that constitutes the evil. I would
ask the hon. members (Mr. Clendon and the
Treasurer), whether taking a glass of wine on a
Sunday is considered to be immoral or intempe-
rate? If it is not, let the poor man enjoy his
glass of ale or grog.

The Colonial Treasurer—If a public house is
thrown open, parties may be induced to enter,
and if so inclined, get drunk: whereas, if the
door are closed, persons will not think of
drinking.

The Colonial Secretary—What is the use of
shutting the front door, when parties can enter
by the rear?



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1842, No 15A





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🏛️ Continued debate on public house Sunday closing hours and licensing (continued from previous page)

🏛️ Governance & Central Administration
8 February 1842
Public houses, Sunday closing, licensing, Sabbath legislation, Council debate, prohibition
  • Andrew Agnew (Sir), Subject of previous Sabbath-bills discussed

  • Mr. Clendon
  • The Colonial Secretary
  • The Colonial Treasurer
  • Mr. Porter
  • The Governor