HC Deb 28 July 1961 vol 645 cc879-80

Lords Amendment: In page 42, line 48, at end insert new Clause F: .—(1) A miners' welfare institute may be registered under this Part of this Act as a club subject to and in accordance with subsection (2) below, and in relation to such an institute while so registered the Licensing Act, 1953, this Act, and any other enactment relating to the sale or supply of intoxicating liquor shall have effect (subject to that subsection) as if—

  1. (a) the institute were a club occupying the premises of the institute and having for members the persons from time to time enrolled as members of the institute; and
  2. (b) intoxicating liquor supplied or kept for supply by or on behalf of the trustees or managers in carrying on the institute to 880 members or others were the liquor of the club supplied or kept for supply on behalf of the club.
(2) In relation to the registration of a miners' welfare institute in respect of any premises of the institute sections twenty-two to twenty-eight of this Act shall apply as they apply in the case of a club and premises occupied by the club, except that the provisions mentioned below and so much of any other provision as refers to any provision so mentioned shall not apply, namely,—
  1. (a) in section twenty-two, subsections (6) to (9), (13) and (14); and
  2. (b) in the Sixth Schedule, sub-paragraph
  3. (c) of paragraph 5 and paragraphs 6 to 8;
and in relation to any miners welfare institute registered under Part IX of the Licensing Act, 1953, paragraphs 1 to 3 of the Eighth Schedule to this Act shall also apply.

(3) In this section "miners' welfare institute" means an association organised for the social well-being and recreation of persons employed in or about coal mines (or of such persons in particular); but nothing in this section shall apply in relation to a miners' welfare institute unless either—

  1. (a) it is managed by a committee or board of which not less than two-thirds consists partly of persons appointed by or on the nomination of, or appointed or elected from among persons nominated by, the National Coal Board and partly of persons appointed by or on the nomination of, or appointed or elected from among persons nominated by, an organisation or organisations representing persons so employed; or
  2. (b) the premises of the institute are held on trusts to which section two of the Recreational Charities Act, 1958, applies.

Mr. Fletcher-Cooke

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

The purpose of the new Clause is to extend to the miners' institutes, which are a well-known part of the social scene of the country, the benefits of Part III of the Bill. Otherwise, they would be excluded from these benefits because, being charitable trusts, they are run by trustees and these trustees are not elected by members of the institutes. Thus, the members of an institute have no control over the admission of new members or over the property of the institute. In spite of that, the social importance and the good conduct of these clubs has been recognised, not only generally, but also by other legislation, and it would be quite wrong, in the view of the Government and, no doubt, of the House, that for constitutional reasons they should be excluded from the benefits.

Question put and agreed to.