U-turn declares pubs are homes
Home Office confirms pubs should be classed as domestic premises
A decision by magistrates to class pubs as commercial premises and not homes could have been wrong, the Government has admitted.
Publicans were shocked last month when magistrates in Macclesfield gave a burglar a reduced sentence because he had broken into a pub and not a house - even though the licensee and his family lived above it (See Law says pubs are not homes (6 September 2001)).
But following an investigation by thePublican.com, a Home Office spokeswoman confirmed last week that pubs should be classed as domestic as long as there is "direct access" from the pub to the living area.
They should only be classed as a commercial property if there is a separate front door leading to the living quarters, she added.
This contradicts the recent Macclesfield case, where a burglar was sentenced to just 100 hours community service, because it was argued that the Crown Inn was a commercial property and not a domestic one.
The licensee of the Crown Inn, who did not wish to be named, said that his family were left feeling vulnerable and scared after the break-in.
Macclesfield magistrates ignored the advice of the Crown Prosecution Service (CPS) and decided the Crown Inn was a commercial building and not a dwelling, under the 1968 Theft Act. This meant the case did not go to crown court where the matter would have been dealt with by a judge, probably leading to a more severe penalty.
The licensee has now had to pay out £600 to repair damage to the door of the pub and have extra locks fitted.
He said: "Thanks to The Publican Newspaper following this up, I now intend to write again to by local MP Nicholas Winterton. I wrote before and he said he would contact the magistrates and ask them to explain their decision.
"Even if this decision can't be overturned the principle remains for future cases. My pub is also my home, where my children live, and my family and those of other licensees have the right to feel safe."
Commenting on the Home Office view, Tony Lyons from Addleshaw, Booth and Co solicitors in Manchester said: "The comments will hopefully now be taken on board by the CPS and can be presented to magistrates in cases like this so they make the right decision."
The original story prompted a huge response on thePublican.com. Publicans said they were shocked and no longer felt safe in their homes.
Bill Sharp, chairman of the National Parliamentary Committee of licensees, said: "Local government is getting a double whammy of rates from licensees in terms of business and council taxes.
"Without a doubt they should appeal over the Macclesfield case now that the Home Office has clarified the position.
"We cannot have people thinking they can break into a pub without fear of paying the penalty."
Related stories:
Law says pubs are not homes (6 September 2001)
Trade fury caused by loophole in law (17 September 2001)
