Clause 21 - Closure of unlicensed premises

Part of Criminal Justice and Police Bill – in a Public Bill Committee at 9:15 pm on 27 February 2001.

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Photo of Mr David Lock Mr David Lock Parliamentary Secretary, Lord Chancellor's Department 9:15, 27 February 2001

First Leisure does not run illegal drinking clubs. It runs licensed premises—as far as I am aware, extremely well. I understand the issues raised in regard to clause 19. Those legitimate concerns have been debated. We are now debating illegal drinking clubs that officers have raided, making arrests, closing the premises and, no doubt, prosecuting staff. We need to deal with the underlying problem that the people in control of the premises are, as I said earlier, likely simply to restock, restaff and reopen a few weeks later. There is no reason why a senior police officer needs to be involved in serving a notice to the owner after such a raid to the effect that if the illegal drinking club reopened and recommenced its illegal activity, it would be liable to face an application to the court for a closure order.

The court issues a closure order, not the service of a notice. The notice acts as a serious warning but it cannot sensibly be compared with the arrangements in clause 19 for closing licensed premises on police order, in which it is appropriate for a senior police officer to be involved, for the reasons that the hon. Gentleman explained—because of the impact on legitimate business, such a decision has to be taken by an experienced officer of appropriate seniority. Illegal drinking clubs are not the type of business operated by legitimate concerns, which take part in the industry forums and brief the all-party groups to which the hon. Gentleman referred. We are talking about premises that have been raided. As I said earlier, the service of a notice does not result in immediate closure. Given what is likely to precede the service of a notice and the fact that it is directed at preventing an illegal activity from restarting, the Government do not accept the necessity for the involvement of a senior police officer.

I take the point about the importance of ensuring that police manpower is used appropriately. It is not appropriate to require junior officers to brief senior officers to go through a complex process, coming out at the other end with the service of a notice on an activity that is illegal from beginning to end. With that explanation, I hope that the hon. Gentleman will withdraw the amendments.