HC Deb 16 July 1976 vol 915 cc1137-8

Lords Amendment: No. 1, in page 2, line 14, leave out from "given" to end of line 16 and insert—

  1. "(a) the person against whom the information was laid, and
  2. (b) if he is not that person, the owner of the premises or stall (unless the local authority are unable after reasonable inquiry to ascertain his identity),
written notice of their intention to apply for the order."

11.5 a.m.

Mr. Andrew Bowden (Brighton, Kemptown)

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

I should like first to express my thanks to Earl Ferrers and others in another place for the expeditious and effective way in which they dealt with the Bill.

This is a straightforward, technical amendment, which ensures that if the local authority, having made reasonable inquiries, is unable to ascertain the identity of the owner of premises, it may then proceed with the orders and the other parts of the Bill in relation to the closure of the restaurant.

The provision should have been in the Bill originally. I regret that it was not. The amendment closes an important loophole.

The Under-Secretary of State for Health and Social Security (Mr. Alfred Morris)

This was a Government amend- ment moved in another place to rectify a technical defect in the Bill. As the Bill was drafted, a closure order could not be made unless the authority had given 14 days' notice to the owner of the business as well as to the operator. But it might be very difficult for it to identify the owner.

The authority has power to require the occupier to give the name and address of the owner, but the maximum penalty for making a mis-statement is only £20. It is conceivable that operators of businesses threatened with closure might be deliberately obstructive or not know the ultimate owner because of the complexity of the business.

The amendment meets the problem described by the hon. Gentleman, whom I congratulate on the way in which he has promoted the Bill. My Department has given drafting assistance, and we have been very happy to work with the hon. Gentleman.

Mr. Bowden

With permission, I should like to thank the Minister for his comments and say how grateful I am for the tremendous help I have had from his colleagues and members of his Department.

Question put and agreed to.

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