HC Deb 19 July 1910 vol 19 cc1218-20

(1) For the purposes of this Act a licensing district is a petty sessional division of a county, and a borough having a separate Commission of the Peace.

Where a county is not divided into petty sessional divisions, the whole county (excluding the area of any borough having a separate Commission of the Peace) shall be deemed to be a petty sessional division for the purposes of this Act.

(2) For the purposes of this Act, as respects a licensing district being a petty sessional division of a county—

  1. (a) the licensing justices are the justices acting in and for the petty sessional division;
  2. (b) the confirming authority are quarter sessions; and
  3. (c) the compensation authority are quarter sessions.

(3) For the purposes of this Act, as respects a licensing district being a borough—

  1. (a) The licensing justices are—
    1. (i) in a county borough, as far as respects the grant of new justices' licences, the renewal of justices' licences, the ordinary removal of justices' licences, and the transfer or special removal of any old on-licences as defined in the Second Schedule to this Act, the borough licensing committee, and for other purposes the borough justices;
    2. (ii) in a borough, not being a county borough, and having the required 1219 number of justices, the borough licensing committee so far as respects the grant of new justices' licences and the ordinary removal of justices' licences, and for other purposes the borough justices;
    3. (iii) in a borough, not being a county borough, and not having the required number of justices, for all purposes the borough justices.
  2. (b) The confirming authority are—
    1. (i) in a borough not having the required number of justices, the joint committee appointed under this Act; and
    2. (ii) in any other borough the whole body of borough justices.
  3. (c) The compensation authority are—
    1. (i) in a county borough, the whole body of borough justices; and
    2. (ii) in a borough not being a county borough, the quarter sessions for the county.

The required number of justices in a borough is ten or more, all justices, whether disqualified for acting under this Act or not, being reckoned for this purpose, and the number being taken as at the time appointed under this Act for the appointment of the borough licensing committee.

(4) For the purposes of this Section the City of London shall be deemed to be a county borough.

(5) The justices of the county shall not have any power or authority as licensing justices in any of the principal Cinque Ports or in the two ancient towns, and in those ports and towns the justices of the port or town shall be the licensing justices, and the corporate and non-corporate members and liberties of any of those ports or towns, not being within the limits of a borough having a separate Commission of the Peace, shall he treated as part of the port or town.

Mr. SIMON moved, in Sub-section (2) paragraph (a), to leave out the words "as far as respects the grant of new justices' licences, the renewal of justices' licences, the ordinary removal of justices' licences, and the transfer or special removal of any old on-licences as defined in the Second Schedule to this Act," and to insert instead thereof the words "for all purposes."

Mr. JOHN J. MOONEY

I beg to move "That the Chairman do report Progress, and ask leave to sit again."

Mr. SIMON

I hope the hon. Member will not persist in this Motion. The proposals in this Bill were considered by a Committee of both Houses before which every interest was represented.

Mr. GEORGE YOUNGER

I should like to join in that appeal. I was a member of the Joint Committee, and we took a very great deal of trouble and a perfectly unanimous conclusion was arrived at.

Motion to report Progress, by leave, withdrawn.

The SOLICITOR-GENERAL (Sir Rufus Isaacs)

I should also like to say a word in support of the Bill. This Bill represents an enormous mass of labour. It really makes no change in the law. It is simply a consolidation, and all interests were represented before the Committee.

Question, "That those words be there inserted," put, and agreed to.

Mr. SIMON moved, in Sub-section (2) paragraph (a) to leave out the words "and for other purposes the borough justices."

Amendment agreed to.

Clause, as amended, added to the Bill.

Clauses 3 to 9 inclusive added to the Bill.