Question to the Home Office:

To ask His Majesty's Government whether the definition of 'retail premises' in clause 37(2) of the Crime and Policing Bill extends to hospitality premises that also undertake retail activities.

Through our Crime and Policing Bill, this Government has introduced a new specific standalone offence of assaulting a retail worker to help tackle the epidemic of shop theft and violence towards shop workers that we have seen in recent years and protect the hardworking and dedicated staff that work in stores.

This definition of a retail worker captures someone working in or about retail premises for or on behalf of the owner or occupier of the retail premises.

Our definition is intentionally narrow and does not include hospitality staff, given the vital need to provide legal clarity and ensure there is no ambiguity for courts in identifying whether an individual is a retail worker and impacted during their job. Any ambiguity in identifying whether an individual is a retail worker, will likely lead the courts to take the case forward as common assault meaning specific recording attributed to a retail worker would not occur.

Those workers whose roles are not included within the definition are already covered under other legislation such as the Offences against the Person Act 1861, which also covers more serious violence, such as actual bodily harm and grievous bodily harm.

Public facing workers, including those in the transport and hospitality sectors, are also covered under legislation such as the Offences against the Person Act 1861, which covers serious violence, such as actual bodily harm and grievous bodily harm.

We introduced a statutory aggravating factor for assault against any public facing worker via section 156 of the Police, Crime, Sentencing and Courts Act 2022. The aggravating factor applies in cases of assault where an offence is committed against those providing a public service, performing a public duty or providing a service to the public. This ensures the courts treat the public-facing nature of a victim’s role as an aggravating factor when considering the sentence for an offence.