Closure Notices and Orders: A Tool for Tackling Anti-Social Behaviour

The Anti-Social Behaviour, Crime and Policing Act 2014 contains a range of powers designed to tackle anti-social behaviour.

One of those powers is the ability to close premises where disorder or nuisance to members of the public has occurred or is likely to occur. This is achieved by issuing a closure notice in the first instance, which may be followed up by a closure order later on.

Closure notices and orders can be a very effective tool for nipping anti-social behaviour in the bud. It is a shame that some police forces and local authorities are reluctant to use them, as there are many responsible members of society having the peace, enjoyment and safety of their homes shattered by the anti-social/criminal tendencies of a selfish few.

Closure Notices:

Section 76 of the Act describes the circumstances and manner in which a closure notice can be issued.

A closure notice can only be issued when there is a reasonable belief:

• that the use of particular premises has resulted, or (if the notice is not issued) is likely soon to result, in nuisance to members of the public; or
• that there has been, or (if the notice is not issued) is likely soon to be, disorder near those premises associated with the use of those premises,

and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.

A closure notice can be issued by a police officer of at least inspector rank or a local authority employee. A closure notice is normally issued for 24 hours in the first instance, but can be granted for 48 hours (or extended from 24 to 48 hours) by a police officer of superintendent rank or local authority chief executive (or person specifically delegated the authority of the chief executive).

A closure notice can prohibit access to the premises by anyone who does not habitually live there or the owner.

A closure notice can only be granted when reasonable efforts have been made to inform anyone living at the premises, or having control or ownership of the premises, that one is being considered.

A copy of the closure notice must, if possible, be handed to anyone living at the premises or having control or ownership of the premises. A copy should be affixed to a prominent place on the premises. A copy should also be affixed to every normal means of access to the premises and any outbuildings associated with the premises. A police officer or local authority employee can enter the premises, by force if necessary, to serve a closure notice.

A cancellation notice can be issued by the person who authorised the closure notice (or, if that person is unavailable, by someone who could have authorised the original notice).

Closure Orders:

Section 80 of the Act describes the circumstances and manner in which a closure order can be made.

Unless a cancellation notice is issued, an application for a closure order must be made to the Magistrates' Court. This application must be heard by the Magistrates' Court within 48 hours of the closure notice being issued. Only Christmas day is not counted towards the 48 hour time limit, so an application needs to be made as a matter of urgency.

The court may make the closure order if it is satisfied:

• that a person has engaged, or (if the order is not made) is likely to engage, in disorderly, offensive or criminal behaviour on the premises; or
• that 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; or
• 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,

and that the order is necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring.

A closure order can prohibit access to the premises by anyone, including a person living there or having control or ownership of it. It can apply at all times, or only those times specified. It can apply in all circumstances, or only those circumstances specified. It can be made in respect of the full premises, or part thereof.

A closure order can be made for any period of up to 3 months, which can be extended to an absolute maximum of 6 months on successful application to the court.

The Magistrates' Court may adjourn the hearing of a closure order application to allow any person with an interest in the premises an opportunity to show why a closure order should not be granted. In these circumstances, the court can extend the closure notice by up to 14 days to cover the adjournment period.

An application may be made to the Magistrates' Court for the discharge of a closure order at any time prior to its expiry.

Offences:

It is an offence to contravene a closure notice or closure order. It is an offence to obstruct a police officer or local authority employee who is serving a closure notice, entering the premises or securing the premises.

• The maximum penalty for breaching a closure notice (or temporary extension thereto) is an unlimited fine, or 3 months' imprisonment, or both.
• The maximum penalty for breaching a closure order is an unlimited fine, or 6 months' imprisonment, or both.
• The maximum penalty for obstructing a police officer or local authority employee serving a closure notice is an unlimited fine, or 3 months' imprisonment, or both.