HL Deb 23 July 1962 vol 242 cc884-6

After Clause 4, insert the following new clause:

Extension of permitted hours in the afternoon in certain licensed premises and clubs

(".—(1) This section shall apply to any premises for which a certificate (other than an off-sale certificate) is held or to the premises of a registered club—

  1. (a) if the holder of the certificate or, as the case may be, the club gives notice of the application of the section to the premises in accordance with the provisions of subsection (6) of this section, and
  2. (b) as from such date as may be specified in the said notice:

Provided that, in the case of premises for which a hotel or a public house certificate is held or the premises of a club, the certificate-holder or the club, as the case may be, shall not give notice of application as aforesaid, and this section shall not apply to such premises, unless the licensing court for the licensing area within which the premises are situated are satisfied that the premises are structurally adapted and bona fide used, or intended to be used, for the purpose of habitually providing the customary main meal at midday for the accommodation of persons frequenting the premises

(2) While this section applies to any premises the effect shall be that, for the purposes mentioned in the next following subsection, on weekdays the permitted hours in those premises in the afternoon, as fixed by section four or, as the case may be, section (Alternative permitted hours in certain athletic clubs during winter) of this Act, shall be increased by the addition of half an hour at the end thereof.

(3) The purposes referred to in the last foregoing subsection are—

  1. (a) the sale or supply to persons taking table meals in the premises of exciseable 885 liquor supplied in a part of the premises usually set apart for the service of such persons, and supplied for consumption by such a person in that part of the premises as an ancillary to his meal; and
  2. (b) the consumption of exciseable liquor so supplied.

(4) While this section applies to any premises, then for purposes other than those mentioned in the last foregoing subsection, or in parts of the premises other than the part so mentioned, the permitted hours shall be the same as if this section did not apply to the premises.

(5) This section shall cease to apply to any premises on the expiry of the twenty-seventh day of May in any year if the holder of the certificate or the club, as the case may be, gives notice of the disapplication of the section from the premises in accordance with the provisions of the next following subsection:

Provided that this section shall cease to apply to premises for which a hotel or a public house certificate is held, or to the premises of a club, at any time on the licensing court ceasing to be satisfied as mentioned in the proviso to subsection (1) of this section.

(6) A notice of the application of this section to, or of the disapplication of this section from, any premises—

  1. (a) shall be in writing;
  2. (b) shall, in the case of a club, be given by the secretary of the club on its behalf;
  3. (c) shall, in the case of a notice of application, specify the date from which the section is to apply to the premises and, in the case of a notice of disapplication, state that the section is to cease to apply to the premises on the expiry of the twenty-seventh day of May next following the giving of the notice;
  4. (d) shall be served on the chief constable not later than fourteen days before the date specified as aforesaid, or not later than fourteen days before the twenty-seventh day of May, as the case may be.

(7) The secretary of any club to the premises of which this section applies shall notify the licensing court for the licensing area within which such premises are situated of any reconstruction of extension of. or alteration in. the premises which affects the facilities available in the premises for the provision of the customary main meal at midday, and if the secretary of any club contravenes this subsection be shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding twenty pounds.

(8) The holder of the certificate for premises to which this section applies shall keep posted in some conspicuous place in the premises a notice stating that this section applies thereto and setting out the effect of its application, and if any person contravenes this subsection he shall be guilty of an offence and on conviction thereof shall be liable to a fine not exceeding ten pounds.")

LORD CRAIGTON

My Lords, this Amendment was considered with Amendment No. 12. I beg to move that this House doth agree with the Commons in the said Amendment.

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

On Question, Motion agreed to.