(114)
The amendment was then put, that in clause
20, after the word "day," in line 123, the
remainder of the clause be expunged. The
numbers were :-
Ayes-The Colonial Treasurer,
Mr. Clendon.
Noes-His Excellency the Governor,
The Colonial Secretary,
*The Attorney General,
Mr. Porter.
The question was then put that clause 20, as
originally proposed, do stand part of the bill.
Ayes-His Excellency the Governor,
The Colonial Secretary,
The Attorney General,
Mr. Porter.
Noes-Mr. Clendon,
The Colonial Treasurer.
Mr. Glendon then moved that clause 21 be
amended as follows:-after the word "inn-
keeper," erase "not exceeding three in any
borough." The population, in the settled dis-
tricts, more especially in places which aspire to
the rank of boroughs, (the hon. member ob-
served), will, in all probability, increase, and
this would render necessary an increase in the
number of night-licenses. I think, however,
that licenses authorizing the keeping open of
houses to a late hour, should only be granted to
innkeepers, and not to publicans in the general
acceptation of the word.
The Attorney General-Night licenses are,
like many other things, a necessary evil; but I
am of opinion that the granting of them should
be restricted within certain bounds and defined
limits, so as to prevent, as much as possible,
those evils which would arise if the privilege of
keeping open at late hours was granted to im-
proper characters, or to houses where a night
icense was not absolutely necessary to the pub-
ic convenience.
Mr. Porter-I think that the Magistrates
should have power to grant a greater number of
night-licenses than three. It is reasonable to
suppose that Auckland, being the seat of Govern-
ment, will increase in population in a larger
ratio than any other town established in the
colony; and to restrict the night-licenses to
three is too narrow a limit for the wants of the
community. I also think that to compel inn-
keepers, not having night-licenses, to close at
ten o'clock, is too early an hour for respectable
persons to be compelled to separate at a tavern;
affairs of business might sometimes detain them
to a late hour.
The Governor-Parties whose business is
likely to detain them to a later hour than ten,
may resort to a tavern having a night-license,
where they may remain until twelve o'clock,
at which time the bar, or tap, of the innkeeper
must be closed. I am of opinion, however, that
at present, three night-licenses are sufficient for
Auckland although, perhaps, more may be
required at Wellington, where the houses are
wide apart.
Mr. Porter-Though in favour of an increase
of night-licenses, I would, at the same time,
increase the price, with a view to the exclusion of
improper applicants.
The Colonial Treasurer-For a night-license
an additional sum of £20 might be charged,
which, added to £40, will be £60.
Mr. Clendon-I think it will be sufficient to
make the night-license half the amount addi-
tional. The ordinary license being £38, one-
half added would increase the night-licenses to
£45.
The Governor-No! The ordinary license is,
in a borough, £40.
Mr. Clendon-Innkeepers ought to be allow-
ed to supply their lodgers-those who reside in
the house-after the hour of twelve.
Mr. Porter-No law can prevent parties from
remaining up to a late hour, at inns. If so
disposed, you may depend upon it, they will
keep it up in spite of every thing.
The Governor-According to the bill, the
traveller cannot obtain wine or spirits, or other
liquors, after twelve at night; at which time, as
I have said, according to law the bar must be
closed. But it is well understood that, pending
the hour mentioned, the inmates of an inn can
order as much liquor as they may require before
retiring for the night, and take it at their lei-
sure.
Mr. Porter-A night-license will shortly be
necessary on the beach, for persons arriving or
departing in boats, late at night, or early in the
morning; and if the night-licenses are limited
to three, much discomfort and inconvenience
may arise.
The Colonial Secretary-If it were practicable
I should prefer that night-licenses should not be
granted at all; but, since it is necessary they
should be allowed, I think the granting of them
should be left to the discretion of the magis-
trates, rather than that the number should be
limited by the bill.
The Attorney General-As I have already
remarked, I should advise the number of night-
licenses to be limited. With regard to the
amendment, I wish to know whether it is inten-
ded to confine the granting of night-licenses to
boroughs. If such is not the object of the
Council, it will be necessary to erase the word
" borough."
The Colonial Secretary,-A night-license
might be necessary in one place, and not in.
another.
The Governor-With regard to the description
of houses to which it would be proper to grant
night-licenses, I should say that such inns as
Mr. Wood's and Mr. Watson's, should have the
privilege, if the parties applied for it. As a
magistrate, I should say that no such house as
any at the Pah, at the Bay of Islands, deserve
the appellation of an inn. If magistrates can-
not exercise a sound discretion in such cases,
they are unfit for the posts they hold. I do no.