HC Deb 13 August 1913 vol 56 cc2566-8

(1) Section seventy-eight, Sub-section (1), of the Licensing (Scotland) Act, 1903 (hereinafter in this Section referred to as "the Act of 1903"), shall be amended (a) by substituting the words "and the names and addresses of the members" for the words "and the names of the members"; (b) by substituting the words "two members either of the Licensing Court or of the Court of Appeal for the county within which such premises are situate, or one member of each of such Courts not being the same member, or, where such premises are situate within a burgh, either by two justices of the peace who for the time being are members of the Court of Appeal from the burgh Licensing Court or by two magistrates of the burgh, or by one justice, as aforesaid, and one magistrate," for the words "two justices of the peace for the county within which such premises are situate, or, where such premises are situate within a burgh, either by two justices of the peace, as aforesaid, or by two magistrates of the burgh, or by one justice and one magistrate"; and (c) by adding the words "(1) any such justice of the peace or magistrate may, within ten days from the date on which he signed the certificate, withdraw his name from the certificate granted by him; and (2)," after the words "Provided that."

(2) Section seventy-nine, Sub-section (2), of the Act of 1903 shall be amended by including amongst those persons who may lodge objections to the grant or renewal of the certificate of registration the procurator fiscal and any person, or the agent of any person, owning or occupying property in the neighbourhood of the club, and by substituting the word "twenty one" for the word "ten."

(3) Section seventy-nine, Sub-section (4), of the Act of 1903 shall have effect as if the power conferred thereby on the sheriff (to award expenses against the unsuccessful party where objection has been taken to the grant or renewal of a certificate) included the like power where a summary complaint has been lodged.

(4) Any person or council competent under the Act of 1903 to lodge objections to the grant or renewal of a certificate of registration may, within twenty-one days of the receipt of the notice of application for the grant or renewal of a certificate, lodge with the registrar objections to such grant or renewal of the certificate on one or more of the following grounds, and that in addition to the grounds specified in Section eighty-one of the Act of 1903:—

  1. (a) That the premises are, or the situation thereof is, not suitable or convenient for the purpose of a club; or that there is a drinking-bar or other part of the premises mainly or exclusively used for the consumption of exciseable liquors; or
  2. (b) That the club is to be used mainly as a drinking club; or
  3. (c) That the owner of the premises, when the same are not owned by the club or the immediate lessor of the premises, or the officials and committee of management, or governing body, or the manager, or a servant employed in or by the club have, or has, or will have, a personal interest in the purchase by the club or in the sale in the club of exciseable liquors, or in the profits arising therefrom; or
  4. (d) That persons are habitually admitted or supplied as members without an interval of at least two weeks between their nomination and election as ordinary members or for a subscription of a merely nominal amount; or
  5. (e) That the officials and committee of management or governing body or the members are persons of bad character or who follow no lawful 2568 occupation and have no lawful means of subsistence; or
  6. (f) That the club has been or will be used as the resort of criminals or persons of bad character; or
  7. (g) That men or women of bad fame assemble in or frequent the club.

(5) Section eighty-nine of the Act of 1903 shall be read as if the words "an application with the accompanying documents specified in Section seventy-eight, Subsection (1), of the Act of 1903, any one of" were substituted for the words "an application for registration."

(6) This Section shall take effect as from the passing of this Act.

Amendment made: At the end of paragraph (g) insert the words, "or (h) That exciseable liquors are sold or supplied for consumption on or off the premises between the hours of two in the morning and ten in the morning."