Closing Orders and Notices

The Issuing of a Closure Notice

This is a Notice that can be issued by either the Local Authority or an Inspector (or higher) in the police force. These can only be issued in circumstances where there are reasonable grounds to believe that the use of the premises has resulted, or will result, in a nuisance or disorder.

The notice is only valid if it does the following:

• identify the premises
• explain the effect of the notice;
• state that failure to comply with the notice is an offence;
• state that an application will be made under section 80 for a closure order;
• specify when and where the application will be heard;
• explain the effect of a closure order;
• give information about the names of, and means of contacting, persons and organisations in the area that provide advice about housing and legal matters.

The Issuing of a Closing Order

The Police can then apply for a Closing Order in line with Section 80 (5) Antisocial Behaviour Crime and Policing Act 2014.

This gives the Magistrates Court the power to issue a Closing Order where they are satisfied (on the balance of probabilities) that one of the following is satisfied:

• a person has engaged, or (if the order is not made) is likely to engage, in disorderly, offensive or criminal behaviour on the premises;
• the use of the premises has resulted, or (if the order is not made) is likely to result, in serious nuisance to members of the public;
• that there has been, or (if the order is not made) is likely to be, disorder near those premises associated with the use of those premises

A closure order may prohibit access in one of the following ways:

• by all persons, or by all persons except those specified, or by all persons except those of a specified description;
• at all times, or at all times except those specified;
• in all circumstances, or in all circumstances except those specified.

The maximum period of time that an order can be made for is 3 months.

What Time Limits Apply?

The application must be heard by the magistrates’ court not later than 48 hours after service of the closure notice.

The problem with this is that there is no requirement to serve a closure notice within any period of time after the report of behaviour meeting the Section 80 test.

How to Apply to Discharge an Order

The Court may discharge the order if it is satisfied that the order is no longer necessary to prevent the occurrence, recurrence or continuation of:

• disorderly, offensive or criminal behaviour on the premises,
• serious nuisance to members of the public resulting from the use of the premises, or
• disorder near the premises associated with the use of the premises.

Appealing the Imposition of a Closure Order

It is possible to appeal the Magistrates Court decision pursuant to Section 84. This must be done within 21 days. An appeal can be made by any individual who was served with the original Section 79 Notice. An appeal will be heard before the Crown Court.