Clause 22 - Applications for closure orders
Criminal Justice and Police Bill
9:30 pm
Mr David Lock (Parliamentary Secretary, Lord Chancellor's Department; Wyre Forest, Labour)
I understand why the amendment was moved, but I hope that when I explain the reasoning behind the Bill, the hon. Gentleman will withdraw it. I refer him to clause 22(3) and the conditions that must exist before a complaint can be made to the court by the constable or the local authority—either the use of the premises for the sale of intoxicating liquor has resumed, or there is evidence that they will be so used in future.
The amendment would undermine a key element of the Bill. The key problem in the west end of London is that after premises have been raided, staff arrested and alcohol seized, the criminals behind the operation absorb the losses and prepare for reopening. The service of a closure notice under clause 21 puts those responsible for the premises on notice to clean up their act. From the moment the closure notice is served, the police or local authority can, if problems re-surface, go to court to have the premises physically closed.
If the notice had effect for only one month, the police could expect to see the premises back in business one month and a day after service. Six months is a suitable period not for a complaint based on the activities that happened six months previously, as the hon. Gentleman—whose concern I understand—suggested, but to allow the police or local authority to monitor activities and force the owners of the property to return the premises to legitimate use.
What is a suitable monitoring period during which, having served a notice, the police and local authority should have the right to go to court and prove one of the two grounds in clause 22(3)? The Government believe that six months is a suitable period during which the owners of premises will have to sharpen up their act and return them to legitimate use. One month would be too short because it would be needed to re-engage staff and restock with alcohol and within five weeks of the original raid and closure the premises would be back in business and the police would have to start the process again before being able to go to court to apply for a closure order.
I hope that my explanation is useful and enables the hon. Gentleman to withdraw his amendment.