Anti-social Behaviour, Crime and Policing Bill

Debate between Lord Condon and Baroness Coussins

Wednesday 4th December 2013 Lords Chamber

[Baroness Coussins (CB)]

My Lords, I support Amendment 56N. It would be particularly helpful and appropriate for workers in the licensed trade. I currently work with producer companies, but declare an interest as a former chief executive of the Portman Group, where I also worked with licensees in both the on-trade and the off-trade. I am aware that vulnerability to assault is a live and worrying issue among this group of people, who have already been flagged up as a group for concern by the noble Lord, Lord Foulkes. The public are not generally aware that this is one of the issues of concern to people in the licensed trade, because it does not get any attention or media coverage. On the contrary, coverage about alcohol-related violence and anti-social behaviour tends to portray licensees as the bad guys for serving underage customers or drunks, or for provoking violence just by being there. The truth is that only a very small proportion of licensees are guilty of such offences as serving underage customers; the vast majority are scrupulously and professionally operating responsibility schemes such as proof of age ID to abide by the law and do the right thing. Yet, all too often, they are the victims of a backlash by violent customers for doing so.

The noble Lord, Lord Foulkes, referred to the survey from the Association of Convenience Stores, which was conducted only in August this year—so it is very recent and up to date. That survey revealed that 51% of retailers reported being a victim of verbal or physical abuse in the previous three months during the course of their work. When you match that up with the shopworkers’ union survey data, which suggested that refusing to sell age-restricted goods such as alcohol is a flashpoint for violence and abuse in 30% of cases, you can see how important this new measure would be for the licensed trade. Of course, it is not just a problem for the off-trade; the National Pubwatch scheme reports that pub licensees and their bar staff, as well as door staff, face a great deal of hostility when they are just doing their jobs. Indeed, National Pubwatch recently ran a campaign called “Court not Caution” to draw attention to the extent to which assault against their members was often ignored or seen to be dismissed by the police, who often seem to caution people for really quite serious incidents. This is leading to an undesirable loss of confidence in the criminal justice system. In one case a licensee had been smashed in the face with a glass but the offender was simply cautioned—never mind a £50 fine. The licensee subsequently suffered mental trauma and had to leave the trade and her livelihood. I believe the offence proposed by this amendment would be proportionate and consistent with the existing offence of assaulting a police officer and I urge the Government to give it the most serious consideration.

[Lord Condon (CB)]

My Lords, I declare my registered interest in policing. I am sympathetic to the reason why the noble Lord, Lord Foulkes, has moved the amendment and why it has been supported by the noble Lord, Lord Bradshaw, and the noble Baroness, Lady Coussins. However, I fear the real mischief they and we might seek to address is not the absence of suitable offences but the absence of action by, perhaps, police, prosecutors and sentencers. There is a range of assault offences already on the statute book that is more than adequate to cover the challenges that noble Lords have raised, such as common assault, assault occasioning actual bodily harm, grievous bodily harm and aggravated assault if there is a racial element. There are more than adequate offences on the statute book to deal with this challenge. The real mischief is the absence of action, the overuse of cautioning or the overly lenient sentencing around these offences—