HC Deb 15 May 1958 vol 588 cc603-5
43. Mr. Black

asked the Secretary of State for the Home Department whether he will introduce legislation to ensure that night-clubs which have been struck off the Register for gross breaches of the licensing laws shall not be able to reopen on the same premises under a different name.

Mr. R. A. Butler

It would not be practicable to give effect to my hon. Friend's suggestion without radical alteration of the law relating to registered clubs, and this would raise very contentious issues.

Mr. Black

Is my right hon. Friend aware that public opinion has been somewhat shocked recently by a serious case? Surely what has happened recently is only calculated to bring the law into contempt? Will my right hon. Friend look at this matter again with a view to seeing whether something cannot be done?

Mr. Butler

I have looked at it. I thought that perhaps we might re-enact the law in this way, that the same club should not be registered under a new name. But on examining that simple formula, I found that it would not work. All sorts of detailed complications and inquiries would be involved, and that is why I say that the issue is contentious.

Mr. Anthony Greenwood

Can the right hon. Gentleman say how he is considering the question of the whole problem of these bogus proprietary clubs which are in a different position from working men's clubs and other bona fide clubs of that kind?

Mr. Butler

We had a recent rather striking example which we are examining in the light of the Question put by my hon. Friend, and in the light of what the hon. Gentleman has said.

44. Mr. Black

asked the Secretary of State for the Home Department whether he will advise magistrates that, in cases where gross breaches of the licensing laws have been discovered, the premises should always be disqualified.

Mr. R. A. Butler

It is for the courts to consider on the merits of the particular case whether to exercise their power to disqualify premises for use as a registered club, and it would not be proper for me to advise them on the exercise of their judicial discretion.

52. Mr. Peyton

asked the Secretary of State for the Home Department if he will make a statement on the methods used by the Metropolitan Police to obtain evidence of breaches of the licensing law, with particular reference to the recent proceedings brought against a certain London night club.

Mr. R. A. Butler

The methods used to detect offences against the licensing laws necessarily depend on the circumstances of the case. I have no comment to make on the proceedings to which I assume that my hon. Friend is referring.

Mr. Peyton

I do not think anyone will deny the difficulties which are experienced by the police in discharging their duties of implementing the licensing laws. Does not my right hon. Friend agree that it is quite wrong that the police should commit offences in the course of attempting to detect the commission of offences by other people? Will my right hon. Friend look at the matter as being very serious and involving dangerous precedents?

Mr. Butler

My hon. Friend is quite right to be anxious on this score. It is very difficult publicly to discuss all the methods that are used but this case has brought to my mind certain dangers. If my hon. Friend would care to discuss the matter with me, I shall be very glad.

Mr. Lipton

In regard to dangers, will the Home Secretary tell me what remedy a Member of this House has if a club is called after him?