Buried within a new Home Office white paper — Putting victims first: more effective responses to antisocial behaviour — are Government plans to consolidate police and local authorities’ existing powers to close premises into one single measure.
The Community Protection Order (closure) will see Section 161 Closure Notices, (which allow police to close pubs for up to 24 hours after a public disorder incident), merged with local authority temporary closures for noise nuisance, Crack House Closure Orders, and Antisocial Behaviour Premises Closure Orders.
There are also plans to double the closure time to up to 48 hours “if there is a public nuisance or if there is or is likely imminently to be disorder and if the closure is necessary”.
The proposals have been met with concern from key industry figures who believe licensees could be unfairly targeted. However, the Home Office claimed “responsible businesses have nothing to fear from our proposals”.
Jonathan Smith, of legal firm Poppleston Allen, said: “Licensees have got to be concerned by this. Permitting closure orders to be extended from 24 hours to 48 hours would be pretty horrendous for operators.”
He added: “What is unclear is whether a Community Protection Order will lead to a review of the premises licence. I am sure, though, that once you get one of these, it will automatically trigger a review.”
“It is of real concern to us,” added the Association of Licensed Multiple Retailers’ strategic affairs director Kate Nicholls. “We don’t want pubs and clubs being tackled in the same way as crack houses; it needs to be treated very carefully. We are already looking to make these points and to urge them [the Government] to have a fair system that doesn’t penalise responsible operators.”
A British Beer & Pub Association spokesman said: “We will be monitoring the development of these measures closely in case of any potential negative impact on pubs, and, as we all know, the vast majority of premises are safe and well run.”
A Home Office spokesperson said: “Some communities are plagued by constant antisocial behaviour from particular premises, which make the lives of those who live nearby a misery. That is why we are streamlining existing powers, so that local agencies can respond flexibly and swiftly to stop the problem and protect victims and the public.”