Clause 49 - Supplementary provision about interim authority notices
Licensing Bill [Lords]
9:15 am
Mr Malcolm Moss (North East Cambridgeshire, Conservative)
These probing amendments deal with the failure to comply with certain sections and subsections and with the appropriate level of fines that could be levied. I want to ascertain why the Government think it is such a serious, heinous offence not to comply with the provision of the interim authority notice. If an individual does not comply, they may under subsection (6) be subject to a penalty fine not exceeding level 3—a sum of £1,000. That is a heavy-
handed, draconian penalty for what may be an error or oversight.
We are dealing with interim authority notices that would be issued when people may be focused on other things. Traumatic times may follow after someone has died or gone into hospital, or if a business has gone into receivership, during which it may be fairly easy to overlook certain matters. Nevertheless, the Government are saying that if someone is a naughty boy and does not comply they could be fined up to £1,000. That is somewhat over the top and rather draconian.
Amendment No. 290 refers to clause 56 and a fine of level 2—some £500—which is also a little too heavy. We wish to ascertain why the Government believe that certain omissions, such as failing to submit notices or provide information, are so terrible that fines of that order must be implemented.