HL Deb 19 May 1970 vol 310 cc987-8

[References are to Bill 134 as first printed for the Commons]

[Nos. 1 to 4]

Clause, 1 page 1, line 16, after "not "insert" under this subsection"

Clause, 1 page 2, line 6, leave out "in place of" and insert "for"

Clause, 1 page 2, line 7, after "year" insert "in each place where they occur"

Clause, 1 page 2, line 7, after "substituted" insert "the words"

[Nos. 5 to 8]

Clause 2, page 3, line 34, leave out from "conditions" to "in" in line 35.

Clause 2, page 3, line 40, leave out from "section" to "every"

Clause 2, page 3, line 41, leave out "that" and insert "after 31st December 1970 shall be subject to the following conditions (whether they are specified in the licence or not), namely—"

Clause 2, page 4, line 28, leave out from "if" to end of line 29 and insert "after the words ' proposed to be granted' there were inserted the words ' (not being one of the conditions set out in subsection (4A) of this section)'; and subsection (9) of that section shall be read and have effect as if for the words from ' subject' to ' Act' there were substituted the words ' to which a licence under this Act is subject (whether by virtue of subsection (4A) of this section or otherwise)'"


My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 1 to 8 en bloc. The Amendments to Clause 1 are entirely drafting and I need not bother your Lordships with them, since they improve the wording of the Bill. But I should like to say a few words on Amendments Nos. 6 and 7 to Clause 2, which make it clear that the additional conditions set out in paragraphs (a) to (e) of the new subsection (4A) shall only apply to licences granted on or after January 1, 1970. If the Commons had not made these two Amendments, it might have been construed that existing licences would be subject to the new conditions of this clause, and it would have been very unfair if holders of licences granted before this Bill became law had the conditions of their licences altered.

My Lords, I do not think I need say anything more about Amendments Nos. 6 and 7. Coming to Amendments Nos. 5 and 8, Amendment No. 5 is consequential on Amendment No. 8, and the object of that Amendment is to restore the licensee's right of appeal. It allows a person to appeal against any condition attached to his licence except those set out in the new subsection (4A). As the Bill was originally drafted, this would not have been possible. The Amendment also has the effect of amending subsection (9) of Section 1 of the 1964 Act so as to make it clear that the contravention of any condition attached to the licence, whether by virtue of the new subsection (4A) or otherwise, constitutes an offence. That sounds rather complicated to any noble Lord who has not studied the Bill, but these Amendments really improve the Bill and I thoroughly recommend them to your Lordships. I beg to move that this House doth agree with the Commons in the said Amendments, Nos. 1 to 8.

Moved, That this House doth agree with the Commons in the said Amendments.—[Viscount Massereene and Ferrard.)

On Question, Motion agreed to.