Change in law would mean two year sentence for assaulting a pub worker

Yesterday the House of Lords began discussing a proposed amendment to the Criminal Justice and Courts Bill, which would introduce an offence of “assault on workers selling alcohol”.

Anyone found guilty of attacking a person “required to enforce or comply with the Licensing Act 2003” could face up to two years in prison or an unlimited fine.

The proposed amendment, by Lord Foulkes of Cumnock, has been welcomed by Barry and Teena Birch of the Priory in Leek, Staffordshire, who were assaulted earlier this month for refusing to serve alcohol after hours. Despite two people admitting the assault, which left Mrs Birch with a broken nose, only a caution was given.

Mr Birch, 61, said: “It’s the Government that makes these laws so it should protect the people that have to carry them out. We were just doing our job and playing by the rules and what thanks do we get? A trip to A&E. When I heard about the caution I was disgusted.”

Petition​

The family, which leases the pub from Marston’s, has now launched a petition to help protect publicans. To sign it go to www.petitions24.com/better_support_for_landlords​.

Lord Foulkes’ proposal is the second attempt to create the offence. MP Dan Jarvis tabled a similar amendment when the bill went through the House of Commons but it was defeated because opponents believed there was already sufficient legislation.

Jarvis claimed that in Scotland, following the creation of a similar specific offence of assaulting an emergency service worker, there had been evidence of increased prosecutions and a reduction in the number of incidents. 

National Pubwatch chairman Stephen Baker said:  “Workers in the pub and hospitality trade are on the front line in relation to sale of alcohol and provide the first line of defence to unauthorised sales.

“They are expected to act in a socially responsible manner in the way that they run their businesses, yet can often feel let down by the criminal justice system when things go wrong.”

Unacceptable​

Kate Nicholls, strategic affairs director at the Association of Licensed Multiple Retailers, said: “Violence and aggression towards our teams is totally unacceptable, but unfortunately the incident in Leek is far from uncommon. Parliament expects our team members to uphold the law and this would give them the additional protection they deserve, remind the public they are simply doing their job and the courts that this is a serious matter that should be punished accordingly.”

Brigid Simmonds, chief executive of the British Beer & Pub Association, said: “People often forget that when it comes to the tiny minority of customers that behave badly, it is pub staff that are very often in the front line.”

Helen Cardy from licensing law firm Poppleston Allen said it was difficult to predict how successful the proposal would be, particularly as it provided scope for maximum jail terms of two years rather than the six months originally suggested.