The proposed new Criminal Justice and Police Bill, unveiled by the Home Secretary, Jack Straw, on Friday, contained a widely-expected list of measures aimed at tackling drunkenness, drunken behaviour and under-age drinking.
They include:
• Powers for the police powers to close disorderly clubs and pubs for up to 24 hours without notice
• Legalising the use by police and trading standard officers of under-18s in "sting" operations on those pubs and clubs suspected of selling to under-age drinkers
• Powers for the police to ban drinking in certain public areas
• On-the-spot fixed penalty fines for offences such as being drunk and disorderly, damaging property and buying alcohol for under 18s.
The attack on under-age drinking includes a clause in the Bill to force bar staff to ask for proof of age from people who appear too young to drink.
It will also be an offence for bar staff to sell alcohol to drunk or disorderly customers, rather than, as now, it being an offence for the licensee only.
Jack Straw, announcing the proposed Bill, said: "Drunken yobs cause misery to individuals and blight communities across the country every weekend, showing no regard for the rights of others to live in peace. It is essential that police officers have adequate powers to deal with these thugs."
M&C Report comment:
Home Secretary Jack Straw had always signalled his intention of introducing measures to curb consumption of alcohol and street disorder in a new Bill, but this latest measure goes further than many had anticipated. In particular, it opens the way for a considerably increased police control over superpubs and city-centre venues which may have been the focus of boisterous behaviour by young people.
According to a senior Home Office official, the new powers to close pubs on
the spot will only be used in extreme cases, but the threat of closure could
have a considerable impact on entertainment venues, particularly as the
police will now be able to cite solely noise nuisance as a reason for instant closure .
The procedure is that a notice will be served on the licensee or manager either when trouble occurs or in anticipation of it. As the Bill stands, the police would be able to close down a venue, for example, because they knew that a group of football supporters were likely to be in town for the night. Anyone who opens in breach of the closure order faces a fine of up to £20,000 or three months in jail.
The police then have to approach a licensing justice or magistrate as soon as possible in order to confirm the order or continue the closure. If the magistrate is not available, they can issue a further order against the venue and continued doing this until they get to the bench. There is power in the Bill for a complete closure of the premises until the next licensing sessions, which could be up two months away.
Even on modest Home Office estimates, the cost to industry could be up to £60m a year, coupled with the possibility of innocent premises being involved in a blanket closure. The police are, however, indemnified against any trade claims for compensation, unless they can be proved to have acted in bad faith.
The Bill not only authorises the use of young people for test purchases, but places a duty on local trading standards officers to enforce the law on under-age sales in pubs and off-licences, by increased use of this technique. This is entirely new ÿ up to now enforcement has been largely in the hands of the police, and sporadic at best. The law on under-age sales has been further strengthened by extending responsibility to companies and their non-licensee staff who are not caught by the current law.
The Bill is large and wide ranging and is not likely to receive Assent in its present form before the predicted general election in May. It has been suggested that the licensing measures could be hived off into a new Reform Bill in the new Parliament, but given Straw's commitment to combating street disorder and drinking offences in the short term, the more likely scenario is a continuation of this measure later in the year.
They include:
• Powers for the police powers to close disorderly clubs and pubs for up to 24 hours without notice
• Legalising the use by police and trading standard officers of under-18s in "sting" operations on those pubs and clubs suspected of selling to under-age drinkers
• Powers for the police to ban drinking in certain public areas
• On-the-spot fixed penalty fines for offences such as being drunk and disorderly, damaging property and buying alcohol for under 18s.
The attack on under-age drinking includes a clause in the Bill to force bar staff to ask for proof of age from people who appear too young to drink.
It will also be an offence for bar staff to sell alcohol to drunk or disorderly customers, rather than, as now, it being an offence for the licensee only.
Jack Straw, announcing the proposed Bill, said: "Drunken yobs cause misery to individuals and blight communities across the country every weekend, showing no regard for the rights of others to live in peace. It is essential that police officers have adequate powers to deal with these thugs."
M&C Report comment:
Home Secretary Jack Straw had always signalled his intention of introducing measures to curb consumption of alcohol and street disorder in a new Bill, but this latest measure goes further than many had anticipated. In particular, it opens the way for a considerably increased police control over superpubs and city-centre venues which may have been the focus of boisterous behaviour by young people.
According to a senior Home Office official, the new powers to close pubs on
the spot will only be used in extreme cases, but the threat of closure could
have a considerable impact on entertainment venues, particularly as the
police will now be able to cite solely noise nuisance as a reason for instant closure .
The procedure is that a notice will be served on the licensee or manager either when trouble occurs or in anticipation of it. As the Bill stands, the police would be able to close down a venue, for example, because they knew that a group of football supporters were likely to be in town for the night. Anyone who opens in breach of the closure order faces a fine of up to £20,000 or three months in jail.
The police then have to approach a licensing justice or magistrate as soon as possible in order to confirm the order or continue the closure. If the magistrate is not available, they can issue a further order against the venue and continued doing this until they get to the bench. There is power in the Bill for a complete closure of the premises until the next licensing sessions, which could be up two months away.
Even on modest Home Office estimates, the cost to industry could be up to £60m a year, coupled with the possibility of innocent premises being involved in a blanket closure. The police are, however, indemnified against any trade claims for compensation, unless they can be proved to have acted in bad faith.
The Bill not only authorises the use of young people for test purchases, but places a duty on local trading standards officers to enforce the law on under-age sales in pubs and off-licences, by increased use of this technique. This is entirely new ÿ up to now enforcement has been largely in the hands of the police, and sporadic at best. The law on under-age sales has been further strengthened by extending responsibility to companies and their non-licensee staff who are not caught by the current law.
The Bill is large and wide ranging and is not likely to receive Assent in its present form before the predicted general election in May. It has been suggested that the licensing measures could be hived off into a new Reform Bill in the new Parliament, but given Straw's commitment to combating street disorder and drinking offences in the short term, the more likely scenario is a continuation of this measure later in the year.
