HC Deb 03 November 1976 vol 918 cc1568-9

Lords Amendment: No. 45, in page 85, line 40, leave out "purposes" and insert provisions of this Act or for different proposes, or for the purposes of the same provision in relation to different cases

Mr. Millan

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

This is basically a drafting amendment, but it gives slightly more flexibility by the introduction of these provisions.

Question put and agreed to.

Lords Amendment No. 46 disagreed to.

Amendments made to the words so restored to the Bill:

No. 4, in page 91, line 32, at end insert— '4A. Section 10(2)(b) and section 10(5) of this Act shall, with any necessary modifications, apply in relation to an application for Sunday opening as they apply in relation to an application for the grant of a new licence.'

No. 5, in page 91, line 43, after 'that', insert ',except as otherwise provided by this Act.'.

No. 6, in page 92, line 16, at end insert— '11A. An application for the renewal of a public house licence or refreshment licence under section 10 of this Act shall state whether the applicant is making an application for Sunday opening.'

No. 7, in page 92, line 17, leave out '5 to 9' and insert '4A to 10'.

No. 8, in page 92, line 18, after '11', insert 'or 11A'.

No. 9, in page 92, line 20, at end insert— '12A. The grant of an application for Sunday opening under paragraph 2 or 11 above shall come into effect on the making of the grant except where there were objections at the hearing the grant shall not come into effect until—

  1. (a) the time within which an appeal may be made has elapsed or
  2. (b) where an appeal has been lodged, the appeal has been abandoned or determined in favour of the applicant for the grant.
12B. The grant of an application for Sunday opening under paragraph 11A above shall come into effect on the renewal of the licence to which the application relates. 12C. If an application for Sunday opening is made under paragraph 11A above any existing grant of such an application shall continue to have effect—
  1. (a) until the first mentioned application is granted by the board;
  2. (b) if the first mentioned application is refused, until the time within which an appeal may be made has elapsed, or if an appeal has been lodged, until the appeal has been abandoned or determined.
 12D. The grant of an application for Sunday opening shall cease to have effect when the licence to which it relates ceases to have effect.'—[Mr. Millan.]

Lords Amendments Nos 47 to 50 agreed to.

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