In England and Wales, the police have the power to issue a closure order at a licensed premises under certain circumstances. A closure order is a serious action that temporarily shuts down a premises where there is a risk to public safety or where the premises are associated with significant disorder or nuisance. Licensing Professionals have written this short guide to when and how the police can issue a closure order:
1. Under the Licensing Act 2003
Immediate Closure Powers: The police can issue a closure notice under the Licensing Act 2003 if a licensed premises is causing disorder or posing a serious threat to public safety.
Disorder and Nuisance: The closure can be related to issues such as:
Serious disorder at or near the premises.
A significant public nuisance, such as noise or antisocial behavior.
Criminal activity taking place on the premises, such as drug dealing or violence.
Short-Term Closure: This type of closure can be immediate but is usually intended as a short-term measure until a court can review the situation. The initial closure order lasts for up to 24 hours but can be extended by a court.
2. Under the Anti-Social Behaviour, Crime and Policing Act 2014
Closure Notices: Under this legislation, police or local authorities can issue a closure notice if there is a risk of public nuisance, disorder, or criminal behavior associated with the premises.
The closure notice can prohibit access to the premises for up to 48 hours. However, it cannot last longer than 24 hours unless authorized by a senior officer.
Closure Orders: Following the closure notice, the police or local authority can apply to the court for a closure order, which can shut down the premises for up to 3 months. This can be extended to a maximum of 6 months if necessary.
Criteria for Closure: Closure orders are typically sought when:
The use of the premises has resulted in or is likely to result in nuisance to the public.
The premises are associated with disorder or are likely to cause disorder if not closed.
Court Involvement: The closure order must be reviewed by the court, which will decide whether to grant, extend, or revoke the order based on the evidence provided by the police or local authority.
3. Evidence and Court Hearings
Evidence Required: The police must present evidence to support their request for a closure order, such as witness statements, records of incidents, or evidence of criminal activity.
Court Hearing: If a closure order is issued, a court hearing will be scheduled, typically within 48 hours, to determine whether the closure should remain in effect and for how long.
Rights of Appeal: The premises owner or license holder has the right to challenge the closure order in court and present evidence to argue against the closure.
4. Consequences of a Closure Order
Suspension of Licensable Activities: During the period of closure, all licensable activities (e.g., selling alcohol, providing entertainment) must cease.
Impact on Business: A closure order can have significant financial and reputational impacts on the business, potentially leading to further legal actions, including a review of the premises license.
Possible License Revocation: In severe cases, the closure order might lead to a permanent revocation of the premises license if the issues are not resolved.
When can the police issue a closure order at a licensed premises?- A Summary
The police can issue a closure order at a licensed premises in situations where there is a significant risk of disorder, public nuisance, or criminal activity associated with the premises. This can be done under the Licensing Act 2003 for immediate threats or under the Anti-Social Behaviour, Crime and Policing Act 2014 for broader issues. Closure orders are serious actions that temporarily suspend the operation of the premises, and they require a court's approval and review.
If you have any further questions about closure orders or need help or advice because a closure order has impacted you, don't hesitate to get in touch with the Licensing Professionals today for a free consultation.
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