NEW ZEALAND LIQUOR REGULATIONS At the Government House at Wellington, this twenty-first day of August, 1916 Present: His Excellency The Governor In Council. I, ARTHUR WILLIAM DE BRITO SAVILE, Earl of Liverpool, Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, do hereby in persuance of the War Regulations Act, 1914, and its amendments, make the following regulations; and I do hereby, with the like advice and consent, declare that these regulations shall come into operation on the twenty-eighth day of August, one thousand nine hundred and sixteen. REGULATIONS 1. In these regulations "Licensed premises" means premises in respect of which a publican's or an accommodation license is in force under the Licensing Act, 1908; and includes the premises of a chartered club under the Act, and also any place in which intoxicating liquor may be sold in pursuance of a conditional license under the Act: "Licensee" means the holder of any such license, and includes the secretary of any such chartered club: "Bar" means a public or private bar on licensed premises; and includes any part of such premises which is principally or exclusively used for the sale, supply, or consumption of intoxicating liquor: "Bar-attendant" means any person employed or serving in any capacity in a bar, other than the licensee. 2. The following acts are hereby declared to amount to treating within the meaning and for the purpose of the War Regulations Amendment Act, 1916, and these regulations: (1.) The act of any person who directly or indirectly— (b.) Gives or lends, or offers or undertakes to give or for any intoxicating liquor sold or to be sold on licensed premises for consumption on or about those premises by any persons other than the person first mentioned: (2.) The act of any person who purchases intoxicating liquor on licensed premises, and invites or permits any other person to consume that liquor on or about those premises: (3.) The act of any person who on licensed premises purchases or offers to purchase intoxicating liquor with intent that it shall be consumed on or about those premises by any other person: (4.) Any other act done by any person with intent that any other person shall consume on or about licensed premises any intoxicating liquor other than liquor purchased and paid for by the consumer with his own money. Money lent or given to any person upon licensed premises, or lent or given to him elsewhere with intent that it shall be spent in the purchase of intoxicating liquor, shall, for the purposes of these regulations, be deemed not to be his own money. 3. Every person who does any act which amounts to treating commits an offence against these regulations. 4. Every person who on or about licensed premises receives or consumes intoxicating liquor in respect of which an offence against. these regulations has been committed by any other person shall himself be guilty of an offence against these regulations. 5. Every licensee, bar-attendant, or servant of a licensee who knowingly sells, supplies, or receives payment for any intoxicating liquor in respect of which an offence against these regulations has been or is intended to be committed by any other person shall himself be guilty of an offence against these regulations. 6. Every licensee or bar-attendant who permits the commission on the licensed premises of any offence against these regulations shall himself be guilty of an offence against these regulations. 7. Every licensee on whose licensed premises any offence is committed against these regulations shall be deemed to have permitted that offence, and shall be liable accordingly, unless he proves that it was committed without his knowledge, acquiescence, or connivance, and that he took all reasonably practical measures by way of personal supervision or otherwise to prevent the commission of offences against these regulations. 8. (1.) Every bar-attendant, other than a member of the family of the licensee, who is convicted of an offence against these regulations shall be disqualified for the period of six months thereafter from being employed or serving in any capacity in or about the same or any other licensed premises. (2.) If any person while so disqualified is employed or serves in any capacity in or about any licensed premises he shail be guilty of an offence against these regulations. 9. If in any prosecution for an offence against these regulations the evidence produced by the informant or the facts as admitted are sufficient to constitute a reasonable cause of suspicion that the defendant is guilty of the offence charged, the burden of proving that the offence was not committed shall lie upon the defendant. 10. For the purposes of these regulations the supply of intoxicating liquor for a pecuniary consideration on the premises of a chartered club under the Licensing Act, 1908, shall be deemed to be a sale of such liquor. II. (1.) Nothing in the foregoing regulations shall apply to the supply or consumption of intoxicating liquor as part of a meal served and consumed upon the licensed premises elsewhere than in a bar thereof. (2.) "Meal" means a meal served not earlier than noon and not less substantial than an ordinary mid-day meal. 12. Nothing in the foregoing regulations shall apply to any act of treating on licensed premises (elsewhere than in a bar thereof) by a boarder or other person bona fide resident on those premises. 13. No woman (other than the licensee, or a servant of the licensee, or a member of the licensee's family) shall at any time after six o'clock in the evening enter or remain in the bar of any licensed premises or loiter about the entrance to any such bar. 14. (1.) Every constable may at all times by day or night, and on any day of the week, enter without warrant (a.) Any licensed premises; or (b.) Any premises on which he reasonably suspects that any offence against these regulations or against the provisions of the Licensing Act, 1908, relative to the sale of intoxicating liquor by unlicensed persons, has been or is about to be committed and may search the said premises and every part thereof, and may seize any intoxicating liquor found on any premises so entered, other than licensed premises. (2.) Every person who resists or obstructs a constable in the exercise of the powers so conferred upon him, or who fails or refuses to afford to a constable immediate entrance to any such premises or to any part thereof, shall be guilty of an offence against these regulations, and shall be liable accordingly. 15. These regulations shall be read together with and deemed part of the War Regulations of the 10th day of November, 1914. J. F. ANDREWS, Clerk of the Executive Council. PROHIBITION HYPOCRISY Speech of John Sharp Williams of Mississippi (In the United States Senate, December 18, 1916) Does this bill present a question of morality or a question of constitutionality, either? Everybody knows it presents neither. I started my political life in opposition to prohibition, in opposition to any sort of attempt upon the part of government to fetter a man's private life. There is no morality involved in it, no question of constitutional power; and I stand here and dare say that I consider myself instructed by the State of Mississippi, my sovereign and my master in all questions involving neither absolute immorality nor unconstitutionality, to vote for prohibitory legislation. I am going to take that back. It is not prohibitory at all. None of you are prohibitionists. None of you ever had the courage to be. You stand here and talk of prohibition as if it were a moral question, and you make it geographical morality by saying that if a man sells me a drink in the State of Mississippi, or, if this bill passes, in the District of Columbia, he is a felon, but if he sends it to me from Boston or St. Louis, equally a seller, he is not. That is geographical morality, if it is any sort of morality at all. And, then, you stand for quantitative morality. A man may sell me a quart a month, but he can not sell me any more. In the first case he is a law-abiding citizen, and in the second a criminal. That is quantitative morality with a vengeance. And so you go through with the whole thing. Sometimes it is a which-side-of-the-bar morality. Is there any difference between the man who stands on that side of the bar and sells me a drink, so far as that individual act is concerned, and me, who stands upon the other side of the bar buying the drink? And yet there is no one of you who dares make it a crime to buy a drink. Why? Why, you would affect Supreme Court Judges, august Senators, Members of this august body, Cabinet members, |