Violent Crime Reduction Bill

My Lords, the amendment seeks to tighten the prohibitions that can be imposed by a drinking banning order. The same amendment was proposed in Committee. Clause 1(3) states that prohibitions by such an order must include such prohibition as the court making it considers necessary on the subject entering licensed premises. I recognise from our discussion of the amendment in Committee that the noble Lord was seeking to provide guidance to magistrates or the county court on the appropriateness of an order. His intention is to require the court to consider whether the terms of the order are appropriate. Such a test before a prohibition could be included in an order is unnecessary, because if a prohibition were inappropriate it could not be necessary. I would expect the courts to consider in every case the appropriateness of an order and any proposed prohibition. The drinking banning order guidance that will be published to accompany the measure will make clear the circumstances in which certain prohibitions would be inappropriate. Some of the areas where prohibitions should not be proposed are already provided for in the Bill. I have also given a commitment to this House to include others in guidance—for example, prohibitions should not be imposed if they would prevent an individual taking his child to a place where he may receive medical treatment. Some of those issues were discussed along those lines at an earlier stage. Therefore, I believe that the amendment is unnecessary and I hope that the noble Lord will withdraw it.