HC Deb 09 June 1932 vol 266 cc2179-80

Amendment made: In page 9, line 43, at the end, insert the words: 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 thirty-two, described any liquor by any such name or words as aforesaid either on, or on a label affixed to, the container of the liquor, 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 liquor 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 fourth day of May, nineteen hundred and thirty-two, for the purpose of describing the liquor."—[Mr. Chamberlain.]

Major ELLIOT

I beg to move, in page 10, line 2, to leave out from the word "name" to the word "which" in line 4.

Sir S. CRIPPS

Might we have an explanation of the reason for these Amendments?

Major ELLIOT

Certainly. The first Amendment, which we have just passed, relates to the period of grace, which I think everyone will agree it is reasonable to allow. The next Amendment on the list—the one that is now under discussion—is the first of a series of drafting Amendments preparatory to a subsequent Amendment dealing with the question of port and sherry, and there is a further provision to deal with the question of cocktails, which might be brought under the operation of this Clause.

Amendment agreed to.

Further Amendments made: In page 10, line 7, after the word "shall," insert the words: (subject to the provisions of the next following Sub-section).

In page 10, line 8, at the end, insert the words: (4) Notwithstanding anything in this Section—

  1. (a) the name 'port' or 'sherry' or the name of any other description of genuine wine; or
  2. (b) a name which before the fourth day of May, nineteen hundred and thirty-two, was used to describe a liquor containing vermouth and spirits, the quantity of vermouth being not less than the quantity of spirits computed at proof;
shall not, for the purposes of this Section, be treated as being in itself calculated to give such an indication as aforesaid, whether it was or was not before the commencement of this Act used in association with a description calculated to give any such indication, and a person who has sold, offered for sale, or had in his possession for the purpose of sale any liquor described only by any such name as is mentioned in paragraph (a) of this Sub-section shall not be guilty of an offence under this Section by reason that the liquor has been described by 6ome other person (not being the agent or servant of the first-mentioned person) by that name in association with some other description calculated to give such an indication as aforesaid."—[Mr. Chamberlain.]