HC Deb 09 October 1912 vol 42 cc373-5

(1) Where a poll has been taken, and such poll, or the declared result thereof, has not been declared void in terms of this Act, a further poll shall not be taken before the month of November in the third year from the date of the last poll.

(2) Such further poll may be taken—

  1. (a) if a no-change resolution is in force, for the following options, that is to say, the continuance of such resolution or for a no-licence resolution or for a limiting resolution;
  2. (b) if a limiting resolution is in force, for the following options, that is to say, for the repeal or continuance of any such resolution or for a further limiting resolution or for a no-licence resolution, provided that if the repeal of any such resolution is not carried, the votes in favour of such repeal shall be added to those recorded in favour of a continuance resolution, and shall be deemed to have been recorded in favour thereof; and
  3. (c) if a no-licence resolution is in force, for repealing the same.

(3) The provisions of this Act as to requisitions and the taking of the poll thereon and the majorities requisite for carrying resolutions shall so far as applicable apply to such further polls, provided that where a further poll is taken in any area where a no-licence resolution is in force and the majority of the votes recorded is not in favour of the repeal of such resolution, such resolution shall continue to be in force.

Amendments made: In Sub-section (2), paragraph (a), after the word "force" ["if a no-change resolution is in force"] insert the words "or a limiting resolution or a no-licence resolution has been repealed."

Leave out the words "the continuance of such" ["that is to say, the continuance of such resolution or"] and insert instead thereof the words "for a further no-change."—[Mr. McKinnon Wood.]

Sir GEORGE YOUNGER

I beg to move, at the end of paragraph (c), to add the words,

(3) When a no-licence resolution has been repealed, the Licensing Court shall grant certificates to suitable applicants as far as applied for in lieu of those withdrawn under the operation of the repealed resolution, and certificates so granted shall not require confirmation provided that the total number of certificates to be so granted in any area shall not exceed one for every thousand of population in burghs and one for every five hundred of population elsewhere.

This really is a limiting proposal, and deals with the situation when a no-licence resolution has been put in force and repealed, and it restricts the powers of the magistrates in granting licences. I do not know what the House will think of an Amendment of this kind, but it is distinctly restricting; it is intended to free the hands of the magistrates in the matter. It introduces a limit of population of one for every thousand of population in burghs and one for every five hundred of population elsewhere. I do not know whether it is worthy of discussion or consideration whether under circumstances of this kind there ought not to be some sort of limit to the number of licences to be granted in a particular area.

MARQUESS Of TULLIBARDINE

I beg to second the Amendment.

The SECRETARY for SCOTLAND (Mr. McKinnon Wood)

There are certain limits of population required as part of this Amendment, but, on the other hand, there is a very considerable extension, because it proposes that the Licensing Courts shall grant certificates to suitable applicants. They must grant a number equal to those withdrawn if there are suitable applicants, and these certificates are not to require confirmation which is a departure from the practice at the present time. Why have they not to require confirmation? The hon. Baronet has given no reason why they should not require confirmation. I think it is much better to leave it to the Magistrate rather than to try to dictate to them that they should issue a certain number of licences, and that there should be no need for confirmation of these certificates.

Amendment negatived.

Further Amendments made: In Subsection (3), leave out the words "this Act as to requisitions and the taking of the poll thereon and the majorities requisite for carying resolutions shall so far as applicable," and insert instead thereof the words "Section 2 of this Act except as regards the questions to be submitted to the electors shall."

After the word "a" ["where a no-licence resolution is in force"], insert the words "limiting resolution or a."

Leave out the words "resolution shall continue to be in force" and insert instead thereof the words "shall not be carried." —[Mr. McKinnon Wood.]