HC Deb 26 July 1949 vol 467 cc2395-7

Lords Amendment: In page 33, line 39, at end insert new Schedule.

SECTION FORTY OF ACT OF 1910 AS AMENDED BY THIS ACT

40.—(1) No justice shall act for any purpose under this Act in any county or county borough, or be capable of being appointed or being a member of any committee therein for any such purpose, who is, or is in partnership with, a common brewer, distiller, maker of malt for sale, or retailer of malt or of any intoxicating liquor, in that county or county borough:

Provided that this provision shall not prevent a justice adjudicating in the case of persons charged with offences under section twelve of the Licensing Act, 1872, or section two of the Licensing Act, 1902.

(2) No justice who holds any share or stock in a company which is such a brewer, distiller, maker of malt or retailer as aforesaid in any county or county borough shall be capable of being appointed or being a member of any divisional licensing committee or county confirming and compensation committee in the county, or of any borough licensing or confirming and compensation committee in the borough, as the case may be, unless before his appointment as a member of the committee he has disclosed to the justices appointing him the fact that he holds the share or stock.

Provided that a member of any such committee disqualified from being a member thereof by acquiring any such share or stock may be re-appointed if before his re-appointment he has disclosed to the justices re-appointing him the fact that he has acquired the share or stock.

(3) A person who is the beneficial owner of any such share or stock as aforesaid held by him (whether his beneficial ownership extends to the whole holding or to a part thereof or to an interest therein only) shall not be appointed or re-appointed to be a member of any such committee as aforesaid unless the justices appointing or re-appointing him are satisfied that the extent to which the company in question carries on or is interested in the business of brewing, distilling, making of malt for sale or retailing of malt or of any intoxicating liquor is so small in comparison with its whole business that the fact that the said person is interested in the company affords no reasonable ground for suggesting that he is not a proper person to be a member of such a committee.

(4) No justice shall act for any purpose under this Act in respect of any premises in the profits of which that justice is interested, or of which he is wholly or partly the owner, lessee, or occupier, or for the owner, lessee, or occupier of which he is manager or agent:

Provided that a justice shall not be disqualified under this provision to act in respect of any premises by reason of his having vested in him a legal interest only, and not a beneficial interest, in those premises or the profits thereof.

(5) No act done by any justice disqualified by this section shall be invalid by reason only of that disqualification, and no act done by any justice who by virtue of this section has ceased to be a member of a committee shall be invalid by reason only of the cessation of membership.

(6) If any justice, knowing that the circumstances are such that under this Act he is disqualified from acting for any of the purposes thereof, acts as a justice for that purpose he shall be liable in respect of each offence to a fine not exceeding one hundred pounds, to be recovered by action in the High Court:

Provided that a justice shall not be liable to a fine in respect of more than one offence committed by him under this section before the institution of any proceedings for the recovery of the fine.

Mr. Younger

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

This is the new Schedule to which I referred earlier which sets out the amended Section 40 of the old Act in full.

Mr. Boyd-Carpenter (Kingston-upon-Thames)

In Standing Committee I suggested that the Bill might be made a little more comprehensible by the inclusion of a Schedule of this kind and I should like to express my gratitude to the Government for having used the machinery made available to them by the existence of another place to improve the Bill in this way.

Remaining Lords Amendments agreed to [Several with Special Entries].

Committee appointed to draw up reasons to be assigned to the Lords for disagreeing to certain of their Amendments to the Bill: Mr. Chetwynd, Commander Galbraith, Mr. Grimston, Mr. Nally and Mr. Ede; Three to be the quorum.—[Mr. Ede.]

Committee to withdraw immediately.

Reason for disagreeing to certain of the Lords Amendments reported, and agreed to; to be communicated to the Lords.