yesterday after the Senate defeated it by a vote of 7-4.

The Prohibited Restaurant Act was moved for its second reading by Opposition Senator Milton Scott .

It marked the second time the bill was debated in the Senate. On its last appearance in June, 1996, it was defeated by a vote of 6-4.

Senate vice-president Norma Astwood -- who has since left the Island -- was not present for that vote.

And the only Senator who spoke on the subject yesterday was her replacement -- Independent Sen. Walwyn Hughes .

He noted that he had not been a Senator when the bill last appeared in the Upper House and stressed that he did not find the bill to be a "good bill'' as he thought it was too broad.

For that reason, he continued, he would not support it.

During the vote, he was joined by Government Senate Leader Gary Pitman , UBP Sen. Larry Scott , UBP Sen. Yvette Swan , UBP Sen. Noela Haycock , UBP Sen.

E.T. (Bob) Richards and fellow Independent Senator Alf Oughton .

Voting in favour of the bill were Sen. Scott, PLP Sen. Terry Lister , PLP Sen.

Neletha Butterfield and Senate President Albert Jackson . He had backed the PLP Senators during the previous vote also.

With the motion defeated, Sen. Scott moved that the bill be sent to "another place'' with a suitable message attached.

He noted that the situation was probably unprecedented but pointed out that the bill could not be sent to the Governor so it should be sent to the House of Assembly.

From there it could be sent to the Governor so he could deal with it.

Sen. Larry Scott noted that if the situation was unprecedented then it should be handled properly now.

Sen. Jackson said the bill was sent to the Senate from "another place'' accompanied by a message from the Speaker of the House Ernest DeCouto as an act of courtesy.

It also contained the appropriate procedure to follow, he continued, which was to return the bill to the House with the outcome of the Senate's deliberation attached to it.

Later he told The Royal Gazette that the interpretation of the Constitution stated that even though the bill did not pass in the Senate, it did pass in the House and this meant that it would go to the Governor nevertheless.

In two appearances in the House of Assembly, the vote went 21-16 and 22-13 in favour of banning new restaurants "operated in any manner, whether through distinctive name, design, uniforms, packaging, decorating or otherwise, which reasonably suggests a relationship ... with any restaurant outside Bermuda.'' The Act will go to the Governor for Royal Assent, which is set to granted.

Rumours had circulated that the part of the bill which banned foreign franchises set up after May 10 last year could cause Constitutional problems.

But it is believed Government's legal advisors have told the Governor there is no bar to him signing it into law.