The proposed amendment to the Criminal Justice and Courts Bill, put forward by Lord Foulkes of Cumnock, would have meant anyone found guilty of assaulting a person “required to enforce or comply with the Licensing Act 2003” facing up to two years in jail.
Introducing his proposal to the House of Lords last week Lord Foulkes said: “These are men and women who are charged, like the police, with enforcing the law.
They must refuse service to those who are underage or too intoxicated. If they refuse to do so, they face legal action, and even the potential loss of their licences and thus their livelihoods. Unlike the police, they have no additional protection for the additional service and for the grave danger it puts them in.”
He added: “At present, as the assault of workers who sell alcohol usually falls into the category of common assault, with the relatively lenient punishments on offer, it results in the Crown Prosecution Service deciding that it is not worth prosecuting.”
Unnecessary
However, Minister of State for Justice Lord Faulks insisted enough legislation already exists to protect pub staff.
He said: “No one should be expected to face violence because they are simply doing their job. In particular, it is essential that the criminal justice system deals adequately with violence against people who are engaged in the licensed sale of alcohol. However, the Government is committed to creating new offences only where it is considered necessary, there are no other options available and there is evidence to support the need for a new offence.”
The peer said he would be willing to meet Lord Foulkes to discuss the matter further and stressed that the Solicitor General and Attorney General both had the power to initiate appeal proceedings if they considered a sentence too lenient.
In response, Lord Foulkes said he would be willing to withdraw the proposed amendment.
Clare Eames, from licensing law firm Poppleston Allen, said: “ Although many operators will be disappointed that the proposed offence will not become law at this stage, there are existing sanctions in place if staff in licensed premises are subject to disorderly and violent behaviour. Anyone with any concerns should speak to the police or their local community safety partnership.”
Apology
Police have been forced to apologise to a publican who was assaulted after refusing to serve drinkers after hours.
Although Teena Birch’s nose was broken during the attack at her pub, the Priory in Leek, Staffordshire, her assailants were simply given a caution.
But Staffordshire Police has now admitted Mrs Birch and her husband Barry should have been asked if they agreed with the action.
A spokeswoman for the force stressed that each incident was assessed individually and in this case a caution was considered appropriate.
She said: “They have not been let off nor have they got away with it.”
She added: “We have proactively visited the victim to discuss their concerns. Part of the caution process involves the investigating officer speaking to the victim to invite their views so they can be taken into consideration, on this occasion this was not done. We have offered our apologies for this and we’re continuing to work with the victim to address their concerns.”
Mr Birch said the family was still considering civil action.
He said: “It’s not about money, but the crime should fit the sentence.”