HC Deb 06 February 1913 vol 48 cc186-9

(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 justices of the peace who for the time being are members of the Court of Appeal 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 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."

(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
  2. (b) That the club is to be used mainly as a drinking club; or
  3. (e) That 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
  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 occupation and have no lawful means of subsistence; or
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  6. (f) That the club has been or will be used as the resort of criminals or persons of bad character; or
  7. (y) 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, Sub-section (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.

Lords Amendments agreed to: In Subsection (1), leave out "justices of the peace who for the time being are" ["(b) by substituting the words 'two justices of the peace who for the time being are members of the Court of Appeal.'"]

After the word "members" ["(b) by substituting the words two justices who for the time being are members of the Court of Appeal'"], insert "either of the Licensing Court or."

After the word "situate" ["(b) by substituting the words 'two justices of the peace who for the time being are members of the Court of Appeal for the county within which such premises are situate'"] insert "or one member of each of such Courts not being the same member."

Lords Amendment: In Sub-section (4) paragraph (a) after "club" insert "or that there is a drinking bar or other part of the premises mainly or exclusively used for the consumption of exciseable liquors."

Mr. McK1NNON WOOD

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is one of a series of Amendments for increasing the control of clubs. There is some doubt about the policy of passing some of the Amendments, as, for example, that the subscription should not be of a nominal amount. There is considerable difficulty in fixing an amount, because the circumstances of different clubs in different places vary so much, and I think it would be safer to leave the matter with the magistrates; but on the whole I move that we agree with the Lords Amendments.

Lords further Amendments agreed to: In paragraph (c), after the word "That" insert "the owner of the promises, when [...] the same are not owned by the club, or the immediate lessor of the premises or. In paragraph (d), after the word "members" ["election as ordinary members"], insert the words "or for a subscription of a merely nominal amount."

CLAUSE 9.—

  1. (1) Notwithstanding anything contained in Section sixteen of the Licensing (Scotland) Act, 1903, it shall be lawful for the Licensing Court and the Licensing Appeal Court, in any case where there are more than one application for a certificate for the same premises, to hear and consider the said applications together.
  2. (2) Section thirty-one, Sub-section (2), of the Licensing (Scotland) Act, 1903, shall be amended by substituting the words "until the twenty-eighth day of May or the twenty-eighth day of November following, as the case may be," for the words "until the next general half-yearly meeting of the Licensing Court."
  3. (3) This Sction shall take effect as from the passing of this Act.

Lords Amendment agreed to: At the beginning of Clause insert the following new Sub-section:

(1) Section five, Sub-section (9) of the Licensing (Scotland) Act, 1903, shall be amended by the insertion at the end thereof of the words "provided that in the absence of a quorum the chairman of the court or, in his absence, the clerk, may call a further meeting in lieu of the meeting not held."