New Powers - Closure of Premises

Over recent months, various provisions of the Anti-social Behaviour, Crime and Policing Act 2014 have come into force, and today further sections come into effect which change the powers available to the police and local authorities to tackle anti social behaviour. Of particular importance to licensed premises are the new closure notices and closure orders which can be issued by the Police or Local Authority, or ordered by the Court, restricting access to premises for up to 3 months or longer.  A summary of the changes which come into effect today and could affect licensed premises are set out below. 

Dispersal Powers 

If an officer (a constable in uniform and police community support officer) has reasonable grounds to suspect that someone is contributing, or is likely to contribute to anti-social behaviour or crime or disorder in an area, dispersal powers allow them to direct that person to leave a specified locality for a period of up to 48 hours. They can also request that certain property is surrendered for the duration of that period, such as any alcoholic drink. 

Public Spaces Protection Order 

A public spaces protection order can be made to prohibit alcohol consumption but this will not apply to areas covered by a permission under the Licensing Act 2003 or a pavement / highways consent. 

Closure Notices 

If the police or a local authority are satisfied on reasonable grounds that use of a particular premises has resulted or is likely to result in nuisance to members of the public, or that there has been or is likely to be disorder near the premises which is associated with the use of the premises then they may issue a closure notice which prohibits access to the premises for a period specified in the notice, up to a maximum of 48 hours. 

There are various rules in respect of notification requirements and service of the closure notice but there is no hearing, the notice applies immediately and so the premises must close immediately. 

Closure Orders 

Whenever a closure notice is issued and not cancelled an application must be made to the Magistrates Court for a closure order. The application must be heard by the Magistrates within 48 hours of the original closure notice being issued. 

A closure order is an order prohibiting access to the premises for a period of time not exceeding 3 months. At any time before expiry, an application for an extension to the order can be made to the Magistrates. 

Instead of a closure order, the Court may order that the closure notice is extended by up to 48 hours. 

An application for the closure order to be discharged may be made at any time before its expiry. 

There is also a right of appeal to the Crown Court which must be made within 21 days from date of decision to which it relates. 

The Court may, on application and in specific circumstances, order reimbursement of costs incurred in dealing with closure of the premises, or compensation for losses. 


Source: Poppleston Allen