§ 11.15 a.m.
§ Mr. Carol Johnson
I beg to move Amendment No. 5, in page 3, line 34, leave out from ' conditions ' to ' in ' in line 35.
With this Amendment it will be convenient to take Amendment No. 8.
§ Amendment No. 5, which proposes to leave out the words " (hereinafter referred to as discretionary conditions ')", is consequential on Amendment No. 8. The redraft of Clause 2(2) proposed in that Amendment would remove the reference to discretionary conditions.
§ On Amendment No. 8 I am advised that as at present drafted Clause 2(2) would prevent a person from appealing to a magistrates' court under Section 1(5) of the 1964 Act against any condition which is not a " discretionary condition ". The exclusion is not therefore limited to the conditions imposed by the new subsection (4A), as was the intention in drafting the Bill, but would extend to, for example, a condition imposed under paragraph (a) of the new subsection (4) that an experienced manager should be employed to run the riding establishment.
§ This Amendment, together with Amendment No. 5, restores the licensee's rights of appeal, and allows a person to appeal against any condition attached to his licence except those set out in the new subsection (4A).
§ The Amendment also has the effect of amending subsection (9) of section 1 of the 1964 Act to make it clear that contravention of any condition attached to the licence, whether by virtue of the new subsection (4A) or otherwise, constitutes an offence.
§ Amendment agreed to.
§ Mr. Carol Johnson
I beg to move Amendment No. 6, in page 3, line 40, leave out from section ' to every '.
It will be convenient to take also Amendment No. 7, since the two Amendments run together.
The new subsection (4A) which is to be inserted in Section 1 of the principal Act by this Bill specifies a number of conditions which shall be applicable to 1678 every licence to keep a riding establishment. I am assured that the wordsit shall be a condition of every licence granted under this Act that…which appear in the first sentence of the new subsection (4A) do not make it clear whether the conditions are deemed to be applied to every licence, or whether the local authority is under a statutory duty to subject every licence to those conditions. Any such ambiguity needs to be removed, because by virtue of Section 1(9) of the principal Act contravention of a licence condition is an offence.
I am also advised that it is not clear whether, when the Bill comes into operation on 1st January, 1971, the conditions will be applied to all licences in force at that time, as well as to any granted subsequently. I agree that it would not be right to alter the conditions of licences already in force and it is therefore necessary to make it clear that the additional conditions in paragraphs (a) to (e) of the new subsection (4A) shall apply only to licences granted on or after 1st January, 1971.
The effect of these two Amendments is to alter the wording of the first sentence of the new subsectiton (4A) to make it clear that the conditions in paragraphs (a) to (e) shall apply automatically to all licences issued after 31st December, 1970.
§ Amendment agreed to.
Further Amendments made: No. 7, in page 3, line 41, leave out that ' and insert:
`after 31st December 1970 shall be subject to the following conditions (whether they are specified in the licence or not), namely—'.
No. 8, in page 4, line 28, leave out from if ' to end of line 29, and insert:
' after the words " proposed to be granted "there were inserted the words " (not being one of the conditions set out in subsection (4A) of this section)" and subsection (9) of that section shall be read and have effect as if for the words from " subject " to " Act " there were substituted the words " to which a licence under this Act is subject (whether by virtue of subsection (4A) of this section or otherwise)" '.—[Mr. Carol Johnson.]
§ Motion made, and Question, That the Bill be now read the Third time, put forthwith pursuant to Standing Order No. 55 (Third Reading), and agreed to.
§ Bill accordingly read the Third time and passed, with Amendments.