HL Deb 23 July 1962 vol 242 cc879-80

Clause 3, page 4, line 20, leave out from ("requests") to end of line 36 and insert ("and if they are satisfied—

  1. (a)that a part of the premises (hereafter in this subsection referred to as ' the off-sale pant ') is structurally adapted for the sale and supply of exciseable liquor for consumption off the premises; and
  2. (b)that there is no internal communication to which customers have access connecting the off-sale part with a part of the premises used, or intended to be used, for the sale and supply of exciseable liquor for consumption on the premises, or that any such internal communication is capable of being closed to customers;
insert in the certificate the following conditions, namely—
  1. (i) a condition that the off-sale part (which shall be specified in the condition) shall not be used for the sale or supply of exciseable liquor for consumption on the premises;
  2. (ii) a condition that any internal communication to which customers have access connecting the off-sale part with a part of the premises used for the sale and supply of exciseable liquor for consumption on the premises shall be closed to customers during any time when customers are present in any part of the premises; and
  3. (iii) a condition that no customers shall be permitted to use any internal communication for the purpose of passing from one part of the premises to another part thereof;
and so long as the certificate is subject to the said conditions, the provisions of the principal Act, and the following provisions of this Act, relating to the permitted hours shall not apply to the off-sale part.

At the general half-yearly meeting of any licensing court held in October, nineteen hundred and sixty-two, the holder of a hotel or a public house certificate may, notwithstanding that such certificate does not require to be renewed by the court at that meeting, request the court to insert in the certificate the conditions set out in paragraphs (i) to (iii) of this subsection, and in relation to such a request this subsection shall have effect as if for the words from the beginning of the subsection to 'so requests' there were substituted the words 'A licensing court shall, if the holder of a hotel or a public house certificate so requests'")

LORD CRAIGTON

My Lords, perhaps we can consider this Amendment with Nos. 27, 28 and 43. Clause 3 (2) provides for the "hiving off" of separate off-sales parts of hotels and public-houses to which the off-sale hours (that is in Clause 18) and not the permitted hours apply. The first purpose of this Amendment is to give the licensing court the duty of ensuring adequate structural separation between the off-sale and on-sale parts of the premises. This separation is necessary so that there shall be no doubt which hours apply to which part of the premises. The second purpose is a helpful and procedural one. Certificate-holders can have their off-sale premises approved at the general half-yearly meeting of the court in October, 1962. If this provision were not in, they would have to wait until their certificate came up for renewal in March, 1963. I beg to move that this House doth agree with the Commons in Amendment No. 10.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Craigton.)

On Question, Motion agreed to.