HL Deb 24 March 1947 vol 146 cc675-8

5.38 p.m.

Amendments reported (according to Order).

Clause I:

Power of local authorities to establish restaurants.

1.—(i) The following authorities may establish and carry on restaurants and otherwise provide for the supply to the public of meals and refreshments, and may carry on such activities incidental or ancillary to the activities aforesaid as they consider necessary or expedient:

Provided that— (iv) such a licence shall not be granted in respect of any such restaurant established in premises forming part of, or used for the purposes of, any church, chapel or other place of religious worship or used for the purposes of any religious organisation.

LORD LLEWELLIN moved, in subsection (1), after "activities," where that word first occurs, to insert "as are reasonably necessary." The noble Lord said: My Lords, your Lordships may remember that on the Committee stage of this Bill we had some discussion on a somewhat similar Amendment in my name, and at the end of that discussion it was decided by unanimous consent—or at any rate sub silentio—that we should discuss this matter before the Report stage, and it is no secret if I say that that is what has happened. The real concern that I felt here was not so much about the words "incidental or ancillary to," but that as the Bill is drafted it is for the local authority to say what is "ancillary or incidental to."

That is a form of words usually used in connexion with Government Departments, but over Government Departments the Houses of Parliament still exercise some control and are able to question Ministers in charge about the matter. We all want to see that the Civic Restaurant is able to carry on incidental activities such as the selling of a packet of cigarettes, or something of that kind, but not—because they think it may be ancillary—to open a large departmental store under the guise of a Civic Restaurant. It is in order to eliminate that possibility that I have put down the present Amendment, and without further comment I beg to move.

Amendment moved— Clause page 1, line 13, after ("activities") insert ("as are reasonably").—(Lord Llewellin.)

LORD HENDERSON

My Lords, what the noble Lord said on the Committee stage will be within the recollection of all of us. I repeat that it is a more or less agreed position. The intention of the Government is that Civic Restaurants should be able to pursue what are normal ancillary activities. I think I made it clear that so far as the Government were concerned the sort of point just mentioned was intended to be covered by the Bill. Therefore there was broad general agreement. This Amendment seeks to put into the Bill something upon which we are broadly agreed. In these circumstances, I have pleasure in accepting it.

On Question, Amendment agreed to.

LORD LLEWELLIN

My Lords, the next Amendment is consequential.

Amendment moved— Page 1, line 14, leave out ("as they consider necessary or expedient.")—(Lord Llewellin.)

On Question, Amendment agreed to.

LORD LLEWELLIN moved, at the end of subsection (1), to insert: except with the consent of the incumbent, minister, or other person in charge of the church, chapel or place of worship or, as the case may be, the consent of the religious organisation.

The noble Lord said: My Lords, your Lordships who took part in the Committee stage of this Bill may remember that on the Amendment which now appears as sub-paragraph (iv) to subsection (I) there was some discussion when the noble Earl, Lord Perth, raised a point as to whether the words which the Government were prepared to accept on that occasion were not rather too wide, and that what they did in fact was to prevent religious premises being used, even though the owners of them were perfectly prepared to consent to their use in the way indicated. During the course of discussion I suggested that it would be well to put in such words as those which now appear on the Order Paper. I do not think it would be disclosing a secret to say that in my original Amendment I had some such words, but it was thought that at that stage it would be better to leave them out.

By these words we shall secure all we wanted, which is simply that no licence should be applied for in respect of any premises used for religious purposes or in connexion with them, or for the purposes of any religious organization, unless those who are the proper people to give consent (normally the parson, the minister or some other body of persons) give that consent. If they do give it, I should think it would be perfectly all right. Therefore, I suggest that we shall do better to put in this Amendment to safeguard the point made by the noble Earl, Lord Perth.

LORD HENDERSON

My Lords, I think it will be remembered that on Second Reading it was the Government's desire to protect religious premises from any possibility of their being used against the will of the owners for the sale of liquor. On the Committee stage we endeavoured to meet that point by an Amendment to which there was a further Amendment; and as the noble Lord said, there was some little confusion as to whether we had gone far enough, or too far. The point raised by the noble Earl, Lord Perth, I have had checked, and I can assure him that there is no reason for any apprehensions at all. The Amendment as it now stands is an agreed Amendment, as my noble friend said. It meets the general desire that was expressed in this House, and in these circumstances I am very glad to be able to accept it.

On Question, Amendment agreed to.

Then (Standing Order XXXIX having been suspended):

LORD HENDERSON

My Lords, I beg to move that this Bill be read a third time.

Moved, That the Bill be now read 3a.—(Lord Henderson.)

LORD LLEWELLIN

My Lords, I am not going to keep the House more than two minutes, but I would like to say, in regard to this Bill, that we have—I think in the best traditions of this House—made what I consider are several real improvements since it came to us. We have made them on two grounds. The first was the ground of meeting what many of us realized was the conscience of a great part of the nation; that is to say, a very large section of the population did not wish to see British Restaurants transformed into what I may term just public-houses. The second ground was that a particularly large number of religious bodies did not want to see the possibility of places which they had lent or which had been requisitioned for the purpose of ordinary British Restaurants, being used, or application being made that they should be used, to sell drinks. I think we are right to have met these views in this House in the way we have done.

I consider, too, that we are right to ensure that it is not within the possibility of the Civic Restaurant authority to requisition a place that is an existing catering establishment. I know perfectly well that on one or two of these points, certainly in this House, the noble Lord, Lord Henderson—who, if I may say so, has successfully piloted this measure through the House—gave very full assurances on Second Reading. But Ministers come and Ministers go, and assurances given in this place, or in another, are not so binding in law as if they are written into an Act of Parliament. Therefore, I think we were quite right in this House to endeavour to improve this Bill. I am certain that in sending it back to another place with these Amendments we are quite satisfied that we have improved this measure. It is my wish that Civic Restaurants may in the future be as successful as British Restaurants have been in the past.

LORD HENDERSON

My Lords, I would like to thank the noble Lord for the friendly personal remarks he made, and also to associate myself and those on these Benches with the general observations that he has made on this Bill. I would also like to add our thanks to the noble Lord, arid other noble Lords, for the helpful spirit in which they have dealt with this Bill during its proceedings in this House. We are grateful to the noble Lord, Lord Llewellin, and other noble Lords for the co-operative efforts that have been made, by amendment, to improve the Bill. I think it is generally felt in your Lordships' House that, in certain quite important respects, those efforts have been successful, and I believe that the Bill in its present form meets with a much wider measure of agreement than it perhaps did when it first came into this Chamber. I associate myself with the noble Lord's remarks as to the future of Civic Restaurants. I believe that we have laid the groundwork of a very important social service of the future.

On Question, Bill read 3a, with the Amendments, and passed, and returned to the Commons.