ChD 4 May 1988. Preliminary issue on the summons of tenants (Y), for a new tenancy of licensed premises and action by landlords (D) for possession of two cellars let separately, but forming part of the premises. At issue was whether the cellars were protected as business premises under the Landlord and Tenant Act 1954 , qualifying on the grounds of restaurant use, or whether they were excluded from protection as licensed premises under s43(1)(d). The cellars consisted of a bottle store and dining-room used for private hire and could not be considered to be a restaurant. The judge concluded that the construction of the words in s43(1)(d) was ambiguous and in the circumstances it was legitimate to look at the statutory history in the Customs and Excise Act 1952 sched 4 and the Finance Act 1959 s2(6) and sched 2 for guidance to the meaning of the word "premises". "Premise" in the Customs and Excise Act did not refer to demised premises but to premises subject to an alcohol licence. It w