HC Deb 10 May 1949 vol 464 cc1788-9
Mr. Ede

I beg to move, in page 12, line 22, to leave out paragraph (a), and to insert: (a) that the premises are a hotel or restaurant to which this section applies. This is the first of a set of Amendments relating to Clause 20, and which are consequential upon the new Clause that we have adopted this afternoon. They make the necessary corrections in Clause 20 to enable it to fit into the Bill.

Amendment agreed to.

Further Amendments made: In page 12, line 33, leave out "habitually."

In page 12, line 37, at end, insert: (hereinafter referred to as a 'special hours certificate').

In page 12, line 39, at the end, insert: and the provisions of section (Later permitted hours where special hours certificate in force) of this Act shall apply accordingly. (2) The hotels and restaurants to which this section applies are—

  1. (a) premises for which the excise licence for the time being in force is a licence the duty in respect of which is the reduced duty payable under section forty-five of the Finance (1909–10) Act, 1910;
  2. (b) premises for which the excise licence for the time being in force is a licence granted in pursuance of regulations under subsection (5) of the said section forty-five (which relates to the granting of licences on 1789 the provisional payment of reduced duty in the case of new hotels and restaurants);
  3. (c) premises structurally adapted and bona fide used as mentioned in subsection (1) of the said section forty-five, being premises as to which the Secretary of State certifies that he is satisfied that no application under the said section forty-five has been made in respect of the period for which the excise licence for the time being in force was granted but that if such an application had been made such a licence could properly have been granted as is mentioned in paragraph (a) or paragraph (b) of this subsection.
(3) An application for a certificate of the Secretary of State under paragraph (c) of the last foregoing subsection shall be made in such form, and accompanied by such evidence, as may be prescribed by regulations of the Secretary of State. (4) Where a special hours certificate has been granted in respect of premises, or a part of premises, in respect of which the Secretary of State has granted a certificate under the said paragraph (c), and has not been revoked, the holder of the licence shall at such time in each subsequent year as may be so prescribed make a return to the Secretary of State, in such form and accompanied by such evidence as may be so prescribed, of the receipts in the preceding year from the sale of intoxicating liquor and of the total receipts in that year from the business of all descriptions carried on by him in the premises; and if
  1. (a) the return required by this subsection is not duly made, or
  2. (b) the Secretary of State is not satisfied, by any such return, that the receipts from the sale of intoxicating liquor in the preceding year were less in the case of a restaurant than three-fifths, and in the case of any other premises than one-half, of the said total receipts,
the Secretary of State may give notice to the holder of the licence that the Secretary of State is not satisfied as aforesaid. In this subsection the expression 'year' means a period of twelve months ending with the thirty-first day of March.

In page 13, line 1,leave out from beginning, to end of line 23, on page 14.

In page 14, line 25, leave out from "them," to "at," in line 26.

In page 14, line 28, leave out from the beginning to the end of line 33.—[Mr. Ede.]