Powers of entry code
Paddy Whur looks at recent developments in relation to powers of entry and the new closure powers.
The pace of change in licensing law doesn’t seem to abate. New powers, new initiatives and High Court decisions to interpret the existing legislation, seem to be in the news on a weekly basis. Fruitful times for licensing lawyers…potentially frustrating times for those they impact upon. One thing is certain you have to keep up to date with what is current.
Powers of Entry Code
The Government was seeking to introduce a new Powers of Entry Code in 2014 but as with many of these things the timescale has slipped and we will not see this being introduced this year. What interested observers will know is that the first draft of the code went out for consultation back in January 2013.
These delays may suggest that there is not a huge amount of support within the Home Office to make the code effective. We have seen a number of these initiatives just slip into the long grass and not become effective, but the Home Office has now announced that it will be introduced until 2015….let's wait and see shall we, but there is little chance of this happening before the election.
If we do end up with the code introduced close to its current draft, then it will have implications for licensing authorities as it highlights that: where it is appropriate to do so, reasonable notice (usually not less than 48 hours or as specified in relevant legislation) should be provided to the occupier or landowner of the intention to visit/inspect where it is practicable to do so. Plenty of caveats in there then! It also will provide guidance on the conduct of inspections. This would be interesting to see as there are huge inconsistencies around the country in the way that inspections are currently carried out.
Closure Notices
The latest measures to impact on licensed premises are contained in the Anti-social Behaviour, Crime and Policing Act 2014. This has brought about changes in the powers available to the Police and local authorities to tackle anti social behaviour. Of real 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 three months or longer.
If the Police or a local authority are satisfied on reasonable grounds that:
- The 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;
- 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 rules in respect of notification requirements and service of the Closure Notice;
- There is no hearing;
- The notice applies immediately and so the premises must close immediately;
- 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 can then be issued which prohibits 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’;
- An application back to the Magistrates’ can be made at any time for the Order to be discharged;
- There is also a right of appeal to the Crown Court against any imposed order which must be made within 21 days from date of the decision.
It is new and potentially very impactful. There is a case in the Magistrates’ Court which we understand is the first in the country. We will report on that when we have the decision.
Paddy Whur is a partner in Woods Whur. He can be contacted This email address is being protected from spambots. You need JavaScript enabled to view it..
