HL Deb 15 November 1934 vol 94 cc477-9

Page 10, line 7, leave out subsection (3) and insert: ("(3) The following provisions shall have effect in relation to the fixing of appointed days for any year—

  1. (a) at least one month before fixing appointed days for the year, the licensing authority shall publish in at least two newspapers circulating in their licensing area a notice of their intention so to do;
  2. (b) if, within the period of one month from the date of the publication of the said notice, the licensing authority receive a written notice signed—
    1. (i) in the case of the fixing of appointed days for the year beginning on the first day of July, nineteen hundred and thirty-five, by all the persons who have given to the licensing authority notice in writing of their intention to apply for licences in respects of tracks in the licensing area; or
    2. (ii) in any other case by all the holders of licences in force in respect of tracks in the licensing area;
    stating that the signatories unanimously desire that the appointed days in that year should be the days specified in the notice given under this paragraph, then, if those days are days which might lawfully be fixed under the foregoing provisions of this section as the appointed days for the year, the licensing authority shall fix as those appointed days the days so specified;
  3. (c) unless the licensing authority fix the appointed days for the year in accordance with paragraph (b) of this subsection the authority shall, before fixing those days, consider any representations which may, during the period of one month from the date of the publication of the notice required by paragraph (a) of this subsection, have been made to the licensing authority in writing by the chief officer of police, or by any person who is the holder of a licence in force in respect of a track in the licensing area, or who has given to the licensing authority notice in writing of his intention to apply for a licence in respect of such a track;
  4. (d) the licensing authority shall, on being requested by any person so to do, inform that person as to the latest time by which a notice under paragraph (b) or a representation under paragraph (c) of this subsection must be received by the licensing authority if it is to be effective.")

THE MARQUESS OF LONDONDERRY

My Lords, the object of this Amendment is to provide that where the occupiers of licensed tracks in a licensing area reach agreement among themselves about the days on which betting facilities should be provided in the area, the licensing authority shall fix these days as the appointed days. The Royal Commission recommended that the licensing authority should fix two week-days as the betting days, so that the betting days would have been uniformly distributed throughout the year. The Government felt that the Commission's proposal was unneces- sarily restrictive and that greater elasticity should be allowed. The Bill as introduced accordingly proposed that the licensing authority should have complete discretion in the distribution of the 104 betting days throughout the year. It was intended that the licensing authority in fixing the days should have regard to the particular circumstances of the locality and the circumstances of the sports concerned; and an Amendment was introduced in your Lordships' House to make it clear that the occupiers of tracks should have a right to be heard before the licensing authority fixed the days.

Unfortunately there is an impression in certain quarters that licensing authorities might use their discretion in the fixing of days to appoint days which were unsuitable for the sports concerned. It was not the Government's intention that, Parliament having limited the betting clays to 104 a year, local authorities should then impose further restrictions by the choice of unsuitable days, and the Government believe that the fears of unfair treatment are unfounded and that local authorities will exercise their functions under the Bill in a judicial spirit. But in order to remove any ground for the suspicion that tracks may be unfairly penalised, the Government decided to table the present Amendment. The Amendment in no sense violates the general principle of limitation underlying the Bill. I beg to move that we agree with the Commons in this Amendment.

Moved, That this House cloth agree with the Commons in the said Amendment.—(The Marquess of Londonderry.)

On Question, Motion agreed to.