Clause 19 - Closure of certain licensed premises due todisorder or disturbance
Criminal Justice and Police Bill
8:35 pm
Mr Charles Clarke (Minister of State, Home Office; Norwich South, Labour)
There is a contradiction between the thrust of the two amendments on the issue, but I acknowledge that the hon. Gentleman has tabled them in a probing way to provoke this important debate. Amendment No. 46 would not help landlords to deal with difficult situations. I understand his point about tougher powers, but it would be a mistake to make a distinction between sanctions under the Bill with a level 1 penalty and those under section 174 of the 1964 Act, which also imposes a level 1 penalty for failing to leave licensed premises when asked to do so by the licensee or a constable. I understand the argument that both should be set at level 3, and the argument that both should be set at level 1, but it would be a mistake to have a differential between those offences—level 1 in one case and level 3 in the other.
There are always arguments to be had on the matter, but we decided on level 1 so as not to cause a divergence from section 174 of the Licensing Act 1964. The hon. Gentleman's point that the matter must be given serious consideration is reasonable, and I can give him a commitment that when we consider the legislation that follows the licensing White Paper, when we will review the whole process of licensing, we will be prepared specifically to review the appropriate level of fine for offences of this kind. That might help him to withdraw his amendment.