HL Deb 14 December 1911 vol 10 cc1122-4

House in Committee (according to Order).

[The EARL OF DONOUOHMORE in the Chair.]

Clause 1: Clause 1, page 1, line 22, after ("construction") insert ("lighting").—(Lord Pentland.)

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Clause 2:

Special permission to keep open.

2. On a representation being made to any two members of the town council of a burgh or the county council of a county where section eighty-two of the Burgh Police (Scotland) Act, 1903, is in operation by the occupier of any place for public refreshment within the burgh or the county, as the case may be, that it is intended that a special entertainment, whether of a public or of a private nature, is to take place therein during any specified time, such two members may grant such occupier a special permission in writing to open or to keep open such place, if it be a place for public refreshment registered under the section aforesaid, beyond the hours prescribed by any bye-law under that section applicable thereto or, if the place be not so registered beyond the hour of eight o'clock at night, for such time as such members may see fit to prescribe: Provided that in the latter case such opening shall not be held to require the place to be registered as aforesaid.

LORD SALTOUN moved to substitute "two magistrates" for "two members of the town council" at the beginning of the clause.

Amendment moved— Clause 2, page 3, lines 1 and 2, leave out ("members of the town council") and insert ("magistrates").—(Lord Soltoun.)

On Question, Amendment agreed to.

Drafting Amendment agreed to.

Clause 2, as amended, agreed to.

Clause 3:

Definition.

3. In section eighty-two of the Burgh Police (Scotland) Act, 1903, as amended by this Act the expression "place for public refreshment" includes any building or part of a building or other place of public resort for the sale for consumption therein of provisions or refreshments of any kind (including confectionery, ice-cream, fruit, and aerated waters), but does not extend to any premises certificated or registered under the Licensing (Scotland) Act, 1903, or any premises in respect of which a licence or other sanction or permit is for the time being in force, issued in virtue of specific powers conferred on a town council or other authority by the Burgh Police (Scotland) Acts or any other statute.

Amendment moved— Clause 3, page 3, line 22, after ("ice-cream") insert ("as defined in the said section").—(Lord Pentland.)

On Question, Amendment agreed to.

Clause 3, as amended, agreed to.

Clause 4:

Commencement of Act.

4. This Act shall come into operation after the expiration of six months from the passing thereof; and until that expiration nothing in this Act contained shall affect or prejudice the provisions of section eighty-two of the Burgh Police (Scotland) Act, 1903, or the provisions of any local Act respecting the licensing of persons for the sale of ice-cream or the regulation of ice-cream shops or aerated water shops, or the enforcement of any byelaws thereunder respectively; but after that expiration all such provisions in local Acts and all such byelaws shall case to be in force.

LORD PENTLAND moved to leave out "six" ["This Act shall come into operation after the expiration of six"], and to insert "three."

Amendment moved— Clause 4, page 3, line 30, leave out ("six") and insert ("three").—(Lord Pentland.)

On Question, Amendment agreed to.

Clause 4, as amended, agreed to.

Remaining clause agreed to.

Then (Standing Order No. XXXIX having been suspended), Amendments reported: Bill read 3a, and passed, and returned to the Commons.