§ The Lord Advocate
I beg to move, in page 4, line 35, to leave out from "requests" to the end of line 8 on page 5 and to insert:and if they are satisfied—
- (a) that a part of the premises (hereafter in this subsection referred to as the off-sale part ') is structurally adapted for the sale and supply of exciseable liquor for consumption off the premises; and
- (b) that there is no internal communication to which customers have access connecting the off-sale part with a part of the premises used, or intended to be used, for the sale and supply of exciseable liquor for consumption on the premises, or that any such internal communication is capable of being closed to customers;insert in the certificate the following conditions, namely—
and so long as the certificate is subject to the said conditions, the provisions of the principal Act, and the following provisions of this Act, relating to the permitted hours shall not apply to the off-sale part.
- (i) a condition that the off-sale part (which shall be specified in the condition) shall not
1461 be used for the sale or supply of excise-able liquor for consumption on the premises;
- (ii) a condition that any internal communication to which customers have access connecting the off-sale part with a part of the premises used for the sale and supply of exciseable liquor for consumption on the premises shall be closed to customers during any time when customers are present in any part of the premises; and
- (iii) a condition that no customers shall be permitted to use any internal communication for the purpose of passing from one part of the premises to another part thereof;At the general half-yearly meeting of any licensing court held in October, nineteen hundred and sixty-two, the holder of a hotel or a public house certificate may, notwithstanding that such certificate does not require to be renewed by the court at that meeting, request the court to insert in the certificate the conditions set out in paragraphs (i) to (iii) of this subsection, and in relation to such a request this subsection shall have effect as if for the words from the beginning of the subsection to 'so requests' there were substituted the words 'A licensing court shall, if the holder of a hotel or a public house certificate so requests'".
§ This Amendment appears to be much bigger than it really is. Other consequential Amendments are in Clause 17, page 16. lines 21 and 24, and in the Second Schedule in line 49 on page 27.
§ The difficulty which we experienced during the Committee stage proceedings related to the splitting off of the off-licence part of the premises, and an undertaking was given that we would ensure that the off-licence part, where drinks could be sold during hours when in the on-licenced part of the premises they could not, should be shut off in such a way that there was no communication between the two from the point of view of the customers. Accordingly, we have made it clear that there should be no communication by customers between the off-sale and the on-sale parts of the premises. That is the basic part of the Amendment.
§ It seems to me that, as we have done it, and with the inserted conditions consequent on this, it is made clear that no customer can pass from one part of the premises to the other in order to attempt to drink out of permitted hours. This is a tightening up of the Clause which I hope the House will accept.
§ Amendment agreed to.1462
§ The Lord Advocate
I beg to move, in page 5, line 31, to leave out "him at his own expense" and to insertand at the expense of, that person".This is consequential, as it were, on the right of the resident to treat his guest.
§ Amendment agreed to.