§ [SECOND READING.]
§ Order of the Day for the Second Reading read.
§ LORD PENTLANDThis is a Bill which I do not anticipate will arouse any controversy in this House. According to its title, its simple purpose is to amend the Burgh Police (Scotland) Acts in order to provide for the further regulation of places for public refreshment in Scotland. By these are meant temperance refreshment houses. The Burgh Police Act of 1892 prohibits such refreshment houses from opening between 12 midnight and 5 a.m., but at all other hours of the day or night they may remain open. This power was not found to be sufficient for their regulation, especially for the purpose of regulating what are known as ice-cream shops and aerated water shops, and in 1903 an amending Act was passed to regulate 963 these shops and to place them under the control of the magistrates. This Act of 1903 has been found to be practically inoperative for the reason that the Courts have held that an ice-cream shop or an aerated water shop is a shop which sells only ice-cream or only aerated waters or mainly such things, and a great many of these shops, probably all of them, sell other things as well. Thus the operation of the Act has been nullified, for it has in practice been confined to a class of shop which is really not to be found anywhere. It is, therefore, the case that this method of dealing with this evil has broken down, and at the instance of a very strong and active public opinion in Scotland this Bill is brought forward to remedy the defect. It brings within its scope, as noble Lords will see if they look at the Bill, all refreshment places, not only ice-cream shops and aerated water shops but also all temperance refreshment houses.
The dilemma which we have to meet is either to allow the particular shops of which complaint is made to remain, altogether unregulated, or else to attempt to regulate all temperance refreshment houses. It may be argued that this is hard upon houses of which no complaint is made, but, on the other hand, I think it may fairly be said that with the discretion which is allowed to the magistrates by the provisions of this Bill there is really no great hardship in adopting the rule that all temperance refreshment places should close at 10 o'clock at night. The procedure of the Bill is to set up a register which will contain the names of all refreshment traders who carry on business after 8 o'clock at night and who open for the convenience of working men and other people before 5 o'clock in the morning. The register will also contain the names of all refreshment traders who carry on business on Sundays. All the people: placed on this register will come under: the superintendence of the local authority, and the Bill gives to the local authority power to inspect at all hours, and also a very important power in this particular matter—a power to regulate the internal I construction and, as I have proposed by an Amendment, the lighting of these shop premises. The local authority has the further power of removing a house from the register for an offence. Under that provision—that is, for an offence—a single shop can be shut up.
964 On the other hand, to provide for the convenience of the public there, are special powers under the Bill to grant to any refreshment traders special permission to remain open for special hours, and there is also power given to the local authority to make by-laws providing for the special benefit, not of individual houses, but of houses in selected areas, in order to meet the public convenience. I should imagine those places would be near places of amusement and railway stations. That is really the whole extent of the Bill. It is designed to meet the convenience of the public and I also particularly to provide for the protection of young people who frequent these houses. It has passed through the other House of Parliament, and on all sides there I has been great friendliness to its purpose and j provisions, and I commend it to the favourable consideration of your Lordships' House. I beg to move that the Bill be now read a second time.
§ Moved, That the Bill be now read 2a.—(Lord Pentland.)
LORD SALTOUNI congratulate the noble Lord the Secretary for Scotland on having introduced this Bill. I think it is very much wanted. I do not propose to criticise the Bill in any way, but I should like to call the attention of the noble Lord I to Clause 2. It seems to me that the powers there given are a little too great, and might be very easily abused. I noticed that the noble Lord in speaking of the Bill used the word'' magistrate." Now, Clause 2 says that on the representation of two members—
§ LORD PENTLANDYes, two members of a town council.
LORD SALTOUNUnder the clause two members of a town council of a burgh may give permission to keep open. It seems to me that that provision is a little wide. We know what town councillors are in small burghs in Scotland. Practically, it seems to me, bribery might be used, or different means to get round a gentleman might be easily used in order to get him to agree to allow a particular place to be kept open. I suggest that it would save a lot of trouble if the noble Lord would accept an Amendment making it, instead of two members, two magistrates. Naturally that would include some of the older town councillors who are appointed magistrates, 965 and they would be to a certain extent responsible for giving permission. I congratulate the noble Lord on introducing what I think is an excellent Bill.
§ LORD PENTLANDI shall be very glad to consider the point urged by my noble friend, but I must look into it before I express an opinion upon it.
§ On Question, Bill read 2a, and committed to a Committee of the Whole House To-morrow.