New Zealand differs from most countries in that the sale of liquor for drinking on the premises is to a considerable degree tied to the provision of accommodation on those premises. This tie was formerly even closer. With the introduction of restaurant and tavern licences it can no longer be regarded as a general principle of the law. Nevertheless, the Commission is obliged, in authorising new licences and reviewing existing ones, to have first regard to the need for accommodation in the particular locality and not to approve a tavern without taking into account its likely effect on accommodation hotels.

Another illustration of the favoured position of the hotel is the policy adopted towards wholesale licences. Except for New Zealand wine, no bottle licences exist in this country. But holders of wholesale licences may sell to the public in quantities of not less than 2 gallons, and many do so extensively. This is thought to have an adverse effect on the provision of accommodation. Consequently, the policy of the law is to see that new wholesale licences are issued only sparingly.

A striking feature and a significant indication of prevailing attitudes was the former legal dissociation of drinking from dancing and entertainment. Dancing and entertainment were forbidden on any premises where liquor might be sold. Public concern over abuses led in 1939 to the prohibition of drinking at or near any dance other than a purely private one. The wide scope of this prohibition so conflicted with the customs of a large section that the law became a farce and was modified in 1960. Relaxations have also been made, the effect of which is to allow dancing by hotel guests and, with the Commission's approval, dancing in restaurants and dancing and entertainments in hotels. No provision is made for the sale of liquor at a place of entertainment or a cabaret.

The subject of hours of sale currently attracts more attention in New Zealand than any other part of the liquor laws. In 1842 hours were fixed at 6 a.m. to 10 p.m. on weekdays and 1 p.m. to 7 p.m. on Sundays. The licensing Justices could grant an extension to midnight on weekdays. Sunday opening has been prohibited since 1881, an exception in favour of bona fide travellers being removed in 1904. The midnight extension was altered to 11 p.m. in 1893 and abolished in 1910. Six o'clock closing, which was introduced as a war measure in 1917, was made permanent in 1918. The present hours of sale to the public are from 9 a.m. to 6 p.m. Hours of sale to persons genuinely staying at a hotel have never been restricted.

Although it did not apply to liquor with meals, and liquor may now be drunk by diners in hotels and restaurants until midnight, six o'clock closing remains a prominent feature of New Zealand's social life. In rural districts many workers have little opportunity to drink before six, and in places the law is widely disregarded. Everywhere a substantial section resents six o'clock closing. On the other hand, a referendum in 1949 decisively rejected a change in hours, and it is probable that a majority is still opposed to evening hours. The problem is complicated in the larger cities by the concentration of drinking places in the inner commercial area. For the present, the dilemma seems insoluble.

by Bruce James Cameron, B.A., LL.M., Legal Adviser, Department of Justice, Wellington.

• Appendices to the Journals of the House of Representatives, H. 38 (1946), Report of the Royal Commission on Licensing, 1946
• Ibid., I. 17 (1960), Report of the Parliamentary Committee on Licensing, 1960;Liquor Laws of New Zealand, Luxford, J. H. (3rd. ed. 1963)
• Grog's Own Country, Bollinger, C. V. I. (1959).