§ Order of the Day for the House to be put into Committee, read.
§ Moved, That the House do now resolve itself into Committee.—(Earl Beauchamp.)
THE CHAIRMAN OF COMMITTEES (THE EARL OF ONSLOW)Before the House resolves itself into Committee I should like to ask a question. The Bill provides that licences are to be granted by the county council and by the county council only. I would venture to suggest that in counties in which there are boroughs the local conditions are best known locally, and it would be more satisfactory that those powers should be conferred upon the councils of the boroughs. But apparently there is no power on the part of the county council to delegate its powers to anybody except the magistrates in petty sessions, and I would venture to ask the noble Earl in charge of the Bill whether he could not see his way to give the powers to smaller local authorities, by which, of course, I mean the borough councils within the counties.
§ THE LORD STEWARD (EARL BEAUCHAMP)There is an Amendment standing in my name dealing with that point which probably will satisfy the noble Earl.
§ On Question, Motion agreed to.
§ House in Committee accordingly.
§ [THE EARL OF ONSLOW in the Chair.]
§ Clause 1 agreed to.
§ Clause 2:
§
EARL BEAUCHAMP moved to amend subsection (1)—
(1) A county council may grant licences to such persons as they think fit, being owners or occupiers of the premises specified in the licence to use those premises for the purposes aforesaid on such terms and conditions and under such restrictions as, subject to regulations of the Secretary of State, the council may by the respective licences determine,
by leaving out the words "being owners or occupiers of the premises specified in the licence." The Amendment was moved to meet a question raised in another place with regard to mission halls where the local clergymen and other persons interested
478
could not be described as owners and occupiers.
§
Amendment moved—
In page 1, lines 13 and 14, to leave out ths words 'being owners or occupiers of the premises-specified in the licence.'"—(Earl Beauchamp.)
§ On Question, Amendment agreed to.
§
Amendment moved—
In line 14, to leave out the words 'those premises,' and to insert the words the premises specified in the licence.'"—(Earl Beauchamp.)
§ On Question, Amendment agreed to.
§ EARL BEAUCHAMP moved an Amendment in subsection (4) altering the length of notice from fourteen days to seven. There was sine complaint of fourteen days being too long; hence it was proposed to make it seven instead.
§
Amendment moved—
In line 25, to leave out 'fourteen' and to insert 'seven.'"—(Earl Beauchamp.)
§ On Question, Amendment agreed to.
§ Drafting Amendments agreed to.
§ Clause 2, as amended, agreed to.
§ Clause 3 agreed to.
§ Clause 4:
§ VISCOUNT MIDLETON moved to add that any person obstructing an officer should be liable to a penalty of £10. He understood the Amendment was acceptable to the Government as it was by some omission that there was no penalty against any person obstructing.
§
Amendment moved—
After Clause 4, to add the words 'and any person or persons obstructing the entry of a constable or any officer appointed shall be liable to a penalty on summary conviction of £10.'"—(Viscount Midleton.)
§ On Question, Amendment agreed to.
§ Clause 4, as amended, agreed to.
§ Clause 5:
§ 5. Without prejudice to any other powers of delegation, whether to committees of the council or to district councils, a county council may, with 479 or without any restrictions or conditions as they may think fit, delegate to justices of the county sitting in petty sessions any of the powers conferred on the council by this Act.
§ EARL BEAUCHAMP moved to leave out the words "of the county." This would make the clause read "A county council may delegate to justices sitting in petty sessions any of the powers," etc. That would allow them to delegate to justices other than those sitting on county benches; that was to say, it would enable them to delegate the powers to borough justices sitting in petty sessions. The clause as amended would give the county council wide powers of delegation to suit the circumstances.
§
Amendment moved—
In page 3, line 1, to leave out 'of the county.'"—(Earl Beauchamp.)
§ THE EARL OF ONSLOW asked whether it would be possible for the county council to delegate, not only to the justices in petty sessions, but to the council of a borough the powers conferred.
§ EARL BEAUCHAMP replied that the county council could delegate its own powers to the borough council.
§ On Question, Amendment agreed to.
§ Clause 5, as amended, agreed to.
§ Clause 6:
§ "6. The provisions of this Act (other than those relating to the delegation of powers) shall apply in the case of a county borough as if the borough council were a county council, and the expenses of the borough council shall be defrayed out of the borough fund or borough rate."
§
Amendment moved—
In page 3, lines 4 and 5, to leave out the words 'other than those relating to the delegation of powers.'"—(Earl Beauchamp.)
§ On Question, Amendment agreed to.
480§ Clause 6, as amended, agreed to.
§ Clause 7:
§ Drafting Amendment agreed to.
§ EARL BEAUCHAMP moved an Amendment dealing with exhibitions of a movable character. A large number of cinematograph shows were given in tents and other structures which were moved about the country, and a special subsection to deal with those cases was thought necessary.
§
Amendment moved—
In page 3, line 23, after the word 'writing' to insert the following new subsection:
'(3) Where it is proposed to give any such exhibition as aforesaid in any building or structure of a movable character it shall not be necessary to obtain a licence under this Act from the council of the county in which the exhibition is to be given if the owner of the building or structure—
§ On Question, Amendment agreed to.
§ Clause 7, as amended, agreed to.
§ Remaining Clauses agreed to, and Standing Committee negatived; The Report of Amendments to be received on Monday next, and Bill to be printed as amended. (No. 183.)
§ House adjourned at five minutes before Twelve o'clock, till Tomorrow, a quarter-past Four o'clock.