§ Lords Amendment: In page 64, line 9, leave out "twenty-one" and insert "twenty-eight".
§ Mr. VosperI beg to move, That this House doth agree with the Lords in the said Amendment.
This results from a point made in another place that insufficient time had been given to allow objections to be made against the registration of clubs. The original proposal was that twenty- 884 one days should be allowed for making objections. It was suggested that this should be extended to twenty-eight days. It is sponsored by one of the principal local authority associations and the Government think it reasonable and suggest that the House should accept it.
§ Question put and agreed to.
§ Lords Amendment: In page 64, line 13, at end insert "fire authority".
§ The Solicitor-GeneralI beg to move, That this House doth agree with the Lords in the said Amendment.
Perhaps we may discuss this Amendment with the Amendments in lines 16 and 37.
Clause 27 (3) provides that if on an application by the chief officer of police or a local authority it is made to appear to a magistrates' court that after reasonable steps had been taken by and on behalf of the applicant to inspect the premises in good time under subsection (1) it was not possible to do so within the time allowed, the court may extend the time allowed. In Clause 28 (2) a fire authority which is not a local authority enjoying the right of inspection given by Clause 27 is given the same rights as regards any matter affecting fire risks in relation to the premises—in other words, as if it were a local authority. The proviso to paragraph 3 (1) of the Seventh Schedule provides for a magistrates' court extending the time allowed under Clause 27 to the chief officer of the local authority to make objections to the application.
The first two of the Lords Amendments simply add a reference to the fire authority to this proviso, so that if a court extends the time allowed to the fire authority for inspecting the premises the court shall also extend the time within which the fire authority may make objection to the application.
Paragraph 3 (5) of the Seventh Schedule provides that where a club applies for a renewal of a registration certificate in respect of different, additional or enlarged premises and a magistrates' court under the proviso to sub-paragraph (1) of the paragraph extends the time for any person to make objection to the application, the court may order that the certificate to be renewed shall not continue in force by virtue of Clause 25 (6) beyond a date specified in the order.
885 The third Amendment removes the words
in respect of different, additional or enlarged premisesbecause under the Lords Amendments which the House has just approved to Clause 28 fire authorities are given the right of inspection at every renewal—that was the hon. Gentleman's point—and not only on renewal of a registration certificate in respect of different, additional or enlarged premises.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.
§
Lords Amendment: In page 65, line 22, at end insert:
and in relation to any such application subsection (1) and (3) of section seventy-seven of the Magistrates' Courts Act, 1952 (which provide for compelling the attendance of witnesses), shall apply as they apply in relation to a complaint.
§ The Solicitor-GeneralI beg to move, That this House doth agree with the Lords in the said Amendment.
This Lords Amendment provides that on the hearing of an application by a club for the issue, variation or renewal of a registration certificate the magistrates' court shall have power to compel the attendance of witnesses. The courts already have those powers when hearing a complaint to strike off a club from registration or, as it becomes under the Bill, the cancellation of a certificate, but it is obviously necessary to extend that. For example, a club may wish to call a witness to rebut an allegation of an objector. It is only right that the club should be able, if necessary, to compel the attendance of such a witness.
§ Question put and agreed to.
§
Lords Amendment: In page 65, line 27, at end insert:
by any member of the committee having the general management of the affairs of the club or by any other officer of the club duly authorised.
§ The Solicitor-GeneralI beg to move, That this House both agree with the Lords in the said Amendment.
This Lords Amendment allows a club to be heard before the magistrates' court by the chairman or secretary or by any member of the management committee or any other officer of the club duly authorised. This will make it easier for the 886 club which cannot afford or does not wish to be legally represented to put its case to the magistrates.
§ Mr. FletcherI think that this is a very valuable Amendment which will make the business of conducting the affairs of some of these clubs very much easier.
§ Question put and agreed to.
§ Remaining Lords Amendments agreed to.