HC Deb 26 July 1949 vol 467 c2394

Lords Amendment: In line 35, at end, insert new Clause B: Paragraph (5) of section twenty-six of the Act of 1910 (which provides that the justices shall not make an order for the ordinary removal of a justices' licence unless they are satisfied that no objection is made by the owner of the premises from which the licence is to be removed, or by the holder of the licence, or by any other person whom the justices may determine to have the right to object to the removal) shall have effect, in relation to the making of an order for the removal of a justices' off-licence, as if for the words from "by the owner" to "any other person" there were substituted the words "by the holder of the licence or by any person, other than the holder of the licence.

Mr. Younger

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

This new Clause was adopted in another place after Amendments had been put down from both sides to Clause 29 designed to prevent the Clause prejudicing the position of tenants of bottle shops who would be unable to secure ordinary removal without the consent of the owner of the premises unless some amendment were made to the Act of 1910. The new Clause will have the effect of placing the owner in the same position as any other interested party and will, therefore, leave discretion to the justices.