Clause 19 - Closure of certain licensed premises due todisorder or disturbance
Criminal Justice and Police Bill
4:45 pm
Mr Charles Clarke (Minister of State, Home Office; Norwich South, Labour)
With respect, the hon. Gentleman's implication is not quite right. The measures are not designed to punish a licensee for behaviour that is less than adequate in any respect. Issues of that type exist, but they are not covered by these provisions. The clause deals with whether it is necessary, in the view of the police, in a particular circumstance, to close an establishment because it is a cause of disorder, excessive noise or other reason specified in proposed new section 179A of the Licensing Act 1964. It is not intended to be a punishment for the licensee.
I acknowledge that there is an element of punishment for the licensee. If the pub is closed for a particular period—from 10 pm to midnight, say—there may be a loss of revenue, the costs to which the hon. Gentleman referred, a loss of reputation and so on. That could be tested by magistrates soon after the police officer has made that judgment, according to the procedures set out. The principal purpose is not to punish the licensee but to deal with the source of disorder. Disorder, inside or outside the premises, may or may not be due to the conduct of the licensee in any given circumstances.