Guidelines to Criminal Justice and Police Bill accepted by trade leaders
The Home Office has released a draft version of the guidelines accompanying the Criminal Justice and Police Bill.
The extensive 40-page document includes advice for police on how to use controversial new powers to close problem outlets on the spot.
Trade leaders have welcomed the move, which they hope will protect licensees from unfair closure orders and subsequent lost trade.
The new guidelines, which have yet to be rubber-stamped by ministers, recommend:
- outlets should not be closed if the licensee has acted responsibly to address the problem
- outlets should only be closed if the situation directly threatens public safety
- only incidents in the vicinity of and related to the pub should lead to a closure order
- closing an outlet requires a written order from a senior police officer and police must also notify the correct authorities, including magistrates.
The practicalities involved in closing a pub are likely to deter officers from using them in anything other than extreme circumstances.
The bill was approved just before the General Election, and new Home Secretary David Blunkett is thought to be preparing an announcement on a timescale for its full introduction - planned for October.
When the proposals were first unveiled, the trade objected to plans to give police tough new powers to close pubs on the spot for certain offences. There was also widespread concern over proposals to toughen up penalties for licensees and barstaff caught serving underage drinkers or drunken customers.
Ministers were criticised for penalising bar workers without giving them the tools to do the job, for example through the use of a government-backed proof-of-age card scheme.
Martin Rawlings, spokesman for the Brewers and Licensed Retailers Association, said: "The police see the bill more as a deterrent so from that point of view it is a good thing for the trade. There is some useful stuff in there for licensees which we are happy about, stemming from a meeting we had with Charles Clark at the Home Office before the bill was passed. We told him that if the legislation was to go ahead, we wanted to see these guidelines in place."
The draft guidelines will now be passed to the Association of Chief Police Officers for its approval before they are published officially in September, although they are not expected to change significantly.
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What will the Criminal Justice and Police Act 2001mean for you and your pub? Our essential guide tells you all you need to know.