HC Deb 08 June 1932 vol 266 cc2074-6

(1) The following provisions of this Section shall have effect for the protection of the revenue arising from the Customs and Excise duties on beer.

(2) If any person—

  1. (a) for the purpose of selling any substance, describes the substance (whether in any notice or advertisement, or on any label, or in any other manner whatsoever) by any name or wordy which is or are calculated to indicate that the substance is, or is a substitute for, or bears any resemblance to, ale, beer, porter, or stout, or any description of ale, beer, porter, or stout; or
  2. (b) sells, offers for sale, or has in his possession for the purpose of sale, any substance so described;
that person shall be guilty of an offence under this Section unless ho proves that either the Customs duty or the Excise duty chargeable on beer has been paid in respect of the whole of the substance.

Provided that a person shall not be guilty of an offence under this Section by reason only that he has, at some time between the commencement of this Act and the first day of October, nineteen hundred and tihirty-two, described any substance by any such name or words as aforesaid either on, or on a label affixed to, the container of the substance or the wrapper or other covering or partial covering of the container, or sold, offered for sale, or had in his possession for the purpose of sale any substance so described if he proves that containers, labels, wrappers, coverings, or partial coverings identical in all respects (including the name or words thereon) with the container, label, wrapper, covering, or partial covering used in the case in question were in use before the eighth day of June, nineteen hundred and thirty-two, for the purpose of describing the substance.

(3) For the purposes of this Section the name "ginger beer" or "ginger ale" shall not in itself be taken to be calculated to give any such indication as aforesaid.

(4) Any person guilty of an offence under this Section shall, in respect of each offence, be liable on summary conviction to a fine not exceeding one hundred pounds, and on the conviction of a person under this Section the court may order that any articles by means of or in relation to which the offence has been committed, shall be forfeited, and any articles so directed to be forfeited shall be destroyed or otherwise disposed of as the court may direct.—[Colonel Gretton.]

Brought up, and read the First time.

Colonel GRETTON

I beg to move, "That the Clause be read a Second time."

The Clause looks formidable because of its length, but its purpose is quite simple. Owing to the excessive taxation of beer, and especially during the last two months or so since the decision of the Chancellor of the Exchequer to continue the increased Beer Duty during the present financial year, a large number of so-called non-alcoholic beverages called beer, stout or other names have been offered for sale. Vested interests are growing up which are endangering the revenue and competing with the legitimate brewing trade. The Clause proposes to prohibit the use of the names of ale, stout, beer or porter or any such designation of any liquors or articles which have not to pay Customs or Excise Duty. The revenue insists that the beverages subject to Customs and Excise shall be a certain gravity and that below that gravity no brewer shall be allowed to brew any beverage. The Clause makes the same arrangement as regards the general public, that those who want to sell teetotal drinks which are not alcoholic shall find for them some other name than that of beer, ale or stout. The second part of the Clause gives a three months' moratorium to dispose of stocks of any such articles or substances prepared for sale, and the final part of the Clause saves the old-fashioned name of "ginger beer" or "ginger ale" which can by no means be mistaken for brewers' ale or beer. I need hardly say that the Clause has been carefully drafted and, if agreed to by the Government, will give some assistance to the brewing trade which is now bearing a heavy rate of taxation and struggling against great difficulties. It will also safeguard the revenue. The interests of the brewers and the revenue are one in this matter, and they want to preserve the names of beer, ale and stout to those articles which pay Customs and Excise Duty.

Major ELLIOT

It certainly seems to be a reasonable proposal that those who pay very heavily for the right to use a name should be protected, and it is my pleasure on behalf of the Government to accept the Clause.

Clause added to the Bill.

Ordered, "That further Consideration of the Bill, as amended, be now adjourned."—[Captain Margesson.]

Bill, as amended, to be further considered To-morrow.