HC Deb 23 May 1939 vol 347 cc2085-6
71. Mr. Johnston

asked the Secretary of State for Scotland the number of decisions of the Glasgow Licensing Court that have been overturned upon appeal to the Glasgow Licensing Appeal Court during the past three years; and whether it is either the practice or the duty of members of the licensing courts to declare; any interest they may possess directly or indirectly in the business of the sale of alcoholic liquor prior to their adjudication upon any liquor licensing question submitted to them?

The Lord Advocate

My right hon. Friend is informed that the findings of the Licensing Court were altered on appeal in 18 cases during the period referred to. With regard to the second part of the question, while there is no statutory obligation to make a formal declaration as to interest, provision for disqualification on the ground of interest is made by Section 9 of the Licensing (Scotland) Act, 1903, and under the common law.

Mr. Johnston

Does that also apply to an indirect interest, and in view of the fact that the Government are now promoting a Measure to deal with the disqualification of local councillors who may have an indirect interest in a matter on which they are called upon to vote, can the right hon. and learned Gentleman say whether the same stipulation applies to a member of a licensing court?

The Lord Advocate

I am afraid I cannot commit myself to an answer to the abstract question which the right hon. Gentleman has asked. Much would depend upon what exactly is to be considered as falling within the expression "indirect interest."

Mr. Johnston

Does not the right hon. and learned Gentleman appreciate that there is a greater danger to the public interest in a matter of an indirect interest held by a member of a licensing court, who is not elected by local citizens, than there is in connection with the matters concerning which a Bill is being promoted by the Government?

The Lord Advocate

I think there is great force in what the right hon. Gentleman has said, and I shall draw the attention of my right hon. Friend to the point that has been raised.

Mr. Silverman

May I ask whether the Government propose to give any time to facilitate the passage of a Private Member's Bill dealing with this point that was introduced the other day?

The Lord Advocate

I am afraid I cannot answer that question.