TEMPORARY RESTRICTION OF PERMITTED HOURS (Hansard, 27 July 1976)

§ Mr. Buchanan-Smith
I beg to move Amendment No. 63, in page 48, line 35, after 'safety', insert 'and after consultation with representatives of the licensed premises in the area'. The amendment would impose certain minor restrictions which would improve the clause. It would provide for consultation with owners of licensed premises in the area concerning the exemption of international airports. This would be helpful, because the privileges which these airports enjoy can affect other licensed premises in the area.

§ Mr. Harry Ewing
Clause 66 gives effect to a Clayson recommendation and empowers a licensing board, on an application from a constable of the rank of chief inspector or above, to order a temporary restriction of permitted hours of up to three hours on a specified day if it considers it desirable in the interests of public order or safety. Circumstances in which this power might be used are, for example, those associated with a football match on a Saturday afternoon or an evening.
It is undeniable that a lot of public disorder is associated with football matches and, to a lesser extent, with some forms of demonstration or public meeting. Many licence-holders recognise this and voluntarily close their premises for the short period involved. Because some licence-holders act voluntarily, it is clearly desirable for a licensing board to consult representatives of the trade before making a temporary restriction order as the amendment proposes. There would be no point in the board making an order if it knew that the premises involved were to be closed anyway at the appropriate time on the initiative of the licensee. The true value of the power lies in the speed with which it could be used, and, if it were obligatory for a board to consult representatives of the licensed premises in the area before making an order, there is a risk that that advantage would be lost.
I have gone into that detailed explanation because I am sure that the hon. Member for North Angus and Mearns (Mr. Buchanan-Smith) will want to read it carefully when it appears in Hansard.

§ Mr. Buchanan-Smith
I beg to move Amendment No. 64, in page 49, line 1, leave out subsection (3) and insert: '(3) Where practicable, the constable making an application under subsection (1) above shall notify the licence holder of premises to which the application refers and the licence holder of those premises may make representation to the Board'. In Committee we debated the question of a temporary restriction being applied for by a police officer. We expressed concern that the licence-holder would not necessarily have knowledge that the application was being made and would 539 not be given the opportunity of making representations to the board.
I have had another look at this matter to see whether we could come back with an amendment which would meet the situation where it might be difficult for the police officer to notify the licence-holder but where practicable he should do so. I have qualified the new subsection which I am seeking to have inserted into the Bill by including the words "where practicable". Therefore, the licence-holder is being given not an absolute right but some protection. Otherwise, things could happen in a hurry without his knowing and being given an opportunity to put his view to the board.
I hope that the Minister will accept the amendment. I am sure he appreciates that I have tried to put it forward in a way which will not destroy the main purpose of principle of the clause.

§ Mr. Harry Ewing
The remarks that I made on Amendment No. 63 relate to this amendment as well in the sense that the speed with which the action could be taken is all-important to the purpose that it serves.
Clayson did not consider that licensees should have the right to object to the making of an order closing their premises for the purposes of law and order and related matters since closure would be for a limited period. I see no reason to disagree with the view of the Clayson Committee on the question of a right of objection.
There are already safeguards in the clause. An application would be made only by a senior police officer. I am confident that applications would be made only where the police were satisfied that there was a strong case. The board then has to consider whether it is satisfied that there is a strong case and whether it is desirable, in the interests of public order or safety, to make an order.
Since closure would be for a period of no more than three hours on a specified day, I do not think that the normal arguments about providing an opportunity for objections apply. As I said on the previous amendment, the board would probably have to act quickly in the circumstances envisaged by the clause. I hope, therefore, that the hon. Member 540 for North Angus and Mearns (Mr. Buchanan-Smith) will agree to withdraw the amendment.

§ Mr. Buchanan-Smith
I am grateful for that explanation. I was not seeking to destroy the principle of the clause. In view of the Minister's assurance, I beg to ask leave to withdraw the amendment.