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Closing time?

Traffic lights iStock 000003944828XSmall 146 x 219John Gaunt reports on two important measures in the Anti-Social Behaviour, Crime and Policing Act 2014 that affect the licensing industry.

Two key provisions in the Anti-Social Behaviour, Crime and Policing Act 2014 have come into force and have an impact upon the licensing and hospitality industry.

1. Closure Notices

This allows the police or local authority to issue a Closure Notice if satisfied on reasonable grounds:

  • 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,

The notice must also be necessary to prevent the nuisance or disorder in question from continuing, recurring or occurring
.

The use of the notice is subject to regulation but can prohibit access to the premises for a period of up to 48 hours and of critical importance requires the premises to be closed immediately.

2. Closure Order


If the Closure Notice is not cancelled then within 48 hours of it being issued, an application must be heard by the Magistrates Court to consider implementing a Closure Order.


At that time, the court can adjourn the hearing for up to 14 days, issue a temporary order which extends the closure notice for up to a further 48 hours or issue a full Closure Order – or indeed decline to issue one. A Closure Order can last for up to three months and then can be extended by the Magistrates’ Court pursuant to an application for another three months.


A right of appeal exists against the Closure Order but it is clearly a high impact power in view of the speed of its operation and the length of potential closure.

Notably, the closure order under s. 161 Licensing Act 2003 has now been repealed and s. 167 Licensing Act 2003 appropriately amended so that only the issuing of a Closure Order (and not Closure Notice) triggers the automatic review of any premises licence.

Additionally, powers in relation to dispersal and the Public Spaces Protection Order under the Anti-Social Behaviour, Crime and Policing Act 2014 have gone live.

John Gaunt is a partner at John Gaunt & Partners. He can be contacted This email address is being protected from spambots. You need JavaScript enabled to view it..