This amendment takes us to the clauses on closure notices. My amendments are about closure notices, temporary notices and extensions to closure notices. They insert a reference to proportionality at every point. I anticipate that the Government will say that we need not worry because the mechanism that has been designed involves a local authority or a senior police officer, and they would not apply for a closure notice and the court would not grant a notice unless it was proportionate.
Closing premises is a significant step. Closure has to be necessary but, as I read the provisions, the behaviour itself need not be serious enough to justify an order. For instance, one might want to close premises to preclude offensive behaviour—that is one of the types of behaviour in question—but what if the offensiveness is not of such an extreme to justify closure? There are other types of behaviour that could lead to closure notices being applied for and granted—for instance, criminal behaviour, which surely could be dealt with through other mechanisms.
I anticipate that we may be told that this is a matter for guidance, but closing premises is a serious matter and the legislation must be very clear so that we do not have to rely on guidance. Indeed, because it is a serious matter, one ought to have in mind that in any notice applied for or decision made the process should allow for challenge and possibly even a subsequent claim. Therefore proportionality ought to be integral to the power. I beg to move.
10 pm