HC Deb 27 July 1976 vol 916 cc527-8
Mr. Russell Fairgrieve (Aberdeenshire, West)

I beg to move Amendment No. 58 in page 45, line 10, leave out '180' and insert '240'.

I am one of the few hon. Members who have not spoken in tonight's debate. The reason for the amendment is that in the tourist trade areas of Scotland there are hotels which, because of the various sports for which they give facilities, have to remain open for a longer time than in the past. We want to increase the number of days for seasonal licences from 180 to 240. This applies particularly to places like those in my constituency—Braemar, Ballater, and Aboyne.

Mr. Harry Ewing

As I recall, we discussed this matter at length in Committee. Clause 62 is a re-enactment, with modifications, of Section 10 of the Licensing (Scotland) Act 1962, which allows a licensing court, if an applicant so requests and the court considers that the requirement of the area make it desirable, to insert in a certificate a condition that the licensed premises shall not open for the supply of alcoholic liquor during specified parts of the year totalling not more than 180 days. The amendment would raise the limit to 240 days.

This provision for seasonal licences originated in the First Report of the Guest Committee on Scottish Licensing Law and was designed to make it clear that licensed premises, mainly rural and tourist hotels, need not remain open all the year round as expected of them by some licensing courts. In the Highlands and Islands areas particularly, there was not enough business to justify licensed premises staying open all the year round. The limit of 180 days followed a Guest recommendation, with which Clayson did not quarrel, as a compromise between no limit on closure and a licensing court requirement of all-year-round opening.

The whole clause is, like Clause 55 (5) on permitted hours, declaratory in nature rather than a substantive provision. Its effect is to enable a licence-holder who does not wish his premises to remain open all the year to obtain an appropriate condition from the licensing board to show that he has the board's approval of his closure. Since the limit of 180 days has served its purpose for 14 years without difficulties arising, I hope that the amendment will be withdrawn.

Mr. Fairgrieve

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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