Police Reform and Social Responsibility Bill

Debate between Lord Shipley and Lord Clement-Jones

Thursday 9th June 2011 Lords Chamber

[Lord Clement-Jones]

My Lords, I support the amendment of the noble Lord, Lord Hunt, and I shall speak to Amendment 240N, which has a similar concept, and Amendment 240L.

Training orders would be a more proportionate way of addressing instances of underage selling where there has been no intent to do so. They would provide a positive alternative to a fine or a closure order and give an additional discretion to the authorities. Under Amendment 240N, a training order would require a business to close for a period of 24 hours to train staff in their legal obligation not to sell alcohol to those aged under 18 and on the importance of checking proof of age. There would be a cost to business in terms of lost revenue but the staff would still be paid, which would not be the case in the event of a closure order. Training orders would provide a remedy that would address the issue and provide a long-term solution. At the same time the business concerned would still suffer the penalty of a temporary closure, resulting in loss of sales for the period of the order. Both Amendment 240KA and Amendment 240N are to be commended.

Amendment 240L is rather more radical. It would remove the proposed extension to closure notices. A closure of more than 48 hours could have a severe impact on any licensed premises and their staff, not least in the current difficult economic climate. The current system has, I am reliably informed, worked well, and it is unlikely, the licensed trade tells me, that many premises would accept a notice to close for longer than 48 hours but would instead opt to go to court.

The need for and benefits of extending the current norm of 48 hours is therefore questionable—certainly the upper two-week period, 336 hours, would seriously damage businesses, particularly small hospitality businesses, which have been among the hardest hit by the recent recession. A two-week closure would affect the income not only of the business itself but also of its employees who, in most instances, would not be paid. Such extended closures could be justified only where the underage sale was made with intent; otherwise training orders, as we have discussed, as proposed by Amendments 240KA and 240N, would be a more effective and fairer solution.

No one would condone deliberate sales to those who are under age. However, a closure notice extending to 336 hours is an extraordinarily draconian proposal. I hope that the Government will accept that many breaches are not with intent but are inadvertent; and that where staff need proper training the concept of training orders is a more constructive way forward.

[Lord Shipley]

My Lords, I make the fairly obvious point that training of staff should apply before people take up a job. Training orders cannot just be applied for persistently selling alcohol to children. “Persistent” implies several occasions. Surely a training order should apply from the first offence. It is a small but important point that training should apply at the beginning of the process, not after persistently failing to abide by the law.