Sober by Act of ParliamentMcKenzie, Fred A. (Fred Arthur)
History
Sober by Act of Parliament
McKenzie, Fred A. (Fred Arthur)
Drinking of alcoholic beverages; License system -- Great Britain; Prohibition -- United States; Temperance
From the time when Victoria separated from New South Wales down to 1876, a
decidedly retrograde policy was adopted; licence fees were reduced,
grocers' licences introduced, and beer shops legalised. But in the
last-named year the liquor laws were amended by a measure giving limited
local control over the traffic; and in 1882 a further Act was passed by
which the local powers were considerably increased. Under the present law
one-fifth of the electorate in any district can petition the Governor in
Council to hold an election to settle the number of public-houses to be
permitted there, and he is then obliged to cause a popular vote to be
taken on the question. Each elector states on a ballot paper how many
hotels he wishes to be licensed, and the number named by him must be the
number then existing, the statutory number, or some number between. The
statutory number has been fixed at one for every 250 inhabitants up to the
first thousand, and one for every full 500 beyond. Where the number is
greater than this it can be reduced by a poll to that limit; where it is
less, it can be raised in a similar way up to it. But in no case can the
number be reduced below or increased above the statutory limit.
In arriving at the decision of the electors, if a majority vote for any
particular number then that number is carried. Where, however, the votes
are so scattered that no particular number commands a majority over all
the others the following plan is adopted. "Suppose a district with 48
hotels, and 12 as the statutory number. Suppose, further, that 600 votes
be recorded, of which 250 are for 48, 200 for 12, 20 for 13, 20 for 14, 20
for 15, 20 for 16, and 21 for 17. The votes given for the higher numbers
would be added to those given for 12 until they made a majority of votes
recorded. In this case by the time the number 17 is reached, there would
be a total of 301 votes, making a majority of the 600, and the
determination would be that the hotels be reduced to 17."[7]
Where the electors decide in favour of a reduction, a licensing court sits
and decides what houses are to be closed. The licensing inspector has to
summon all the hotel-keepers before the court, and the court selects the
houses which are worst conducted, or which provide least accommodation, as
the ones to lose their licences. The houses which are thus closed are
given a monetary compensation on account of the annual value of the
premises being lowered: the exact amount of the compensation is fixed by
two arbitrators, appointed one by the owner and another by the minister.
In case these cannot agree a county court judge or police magistrate is
nominated by them as umpire. The whole of the compensation money is raised
from the "trade" itself, by means of increased licensing fees and
penalties for breaches of the liquor law. If these amounts are not
sufficient, a special tax is imposed on liquor in order to meet the
deficiency.
Public-domain text, read in full here on John Shaqi.
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