Clause 64 - The additional conditions for
Licensing Bill [Lords]
3:15 pm
Mr Malcolm Moss (North East Cambridgeshire, Conservative)
I beg to move amendment No. 304, in
clause 64, page 37, line 13, leave out subsection (4).
Amendment No. 304 would take out subsection (4) and is a probing amendment. As it stands, subsection (4) would prevent any individual from deriving financial benefit from the supply of alcohol by or on behalf of club members or guests with the exceptions of
''any benefit accruing to the club as a whole, or any benefit which a person derives indirectly by reason of the supply giving rise or contributing to a general gain from the carrying on of the club.''
Exactly what or who is that designed to protect? In an earlier answer to my hon. Friend the Member for Fareham, the Minister said that there might be individuals out there who could profit by supplying a club. If a club committee deemed that it was getting a good deal in its own right that benefited its members, it is unreasonable and unnecessary that under this legislation the individual or individuals who might be supplying the club should not be able to do so. The onus is on the club and the club's committee to ensure that it runs a proper and efficient club for its members. As we know from annual general meetings, if committee members have not pulled their weight and done their work, those who will happily take on that mantle replace them. It should be entirely up to the club to decide whether any individual or group should benefit from supplying alcohol.
Many clubs have a bar steward who lives on and looks after the premises. They receive payment and may be said to profit from the sale of alcohol. In many cases, there may be a link between the profits of the club and the remuneration of that individual. Does that fall foul of clause 64(4)? Are such arrangements illegal, or will they be illegal under the Bill? Answers to those questions would be helpful.