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Closing licensed premises

Wine 26118355 s 146x219What are the practical implications for closure of premises with the powers created in the Anti-social Behaviour, Crime and Policing Act 2014? Paddy Whur reports.

I was recently asked to advise this week on the potential for service of a S.161 Closure Notice under the Licensing Act 2003. The officer was somewhat shocked when I advised that the power no longer existed and had been repealed by the Anti-Social Behaviour, Crime and Policing Act 2014. This prompted me to remind myself of the powers that now exist and they are worthy of closer attention as they are now starting to be used more frequently and have quite serious consequences.

When you analyse the text of the new powers they are much wider and potentially damaging to licensed premises and the old legislation. The old S.161 Closure Notices for “spontaneous disorder” were very useful but we always advised a voluntary closure rather than having to go down a full S.161 due to the fact that there would need to be a hearing in front of the Magistrates Court and a review for every S.161 Closure Order. Clearly it would often be in the interests of the operator to voluntarily close the premises rather than have to face a Magistrates Court and local authority review hearing.

Here is the new procedure.

S76 Power to issue closure notices

A police officer of at least the rank of inspector, or the local authority, may 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 and;
  • that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.

A closure notice is a notice prohibiting access to the premises for a period specified in the notice.

For the maximum period, see section 77.

A closure notice may prohibit access:

  • 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.

A closure notice may not prohibit access by:

  • people who habitually live on the premises, or
  • the owner of the premises, and accordingly they must be specified under subsection (3)(a).

A closure notice must:

  • 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.

A closure notice may be issued only if reasonable efforts have been made to inform:

  • people who live on the premises (whether habitually or not), and
  • any person who has control of or responsibility for the premises or who has an interest in them, that the notice is going to be issued.

Before issuing a closure notice the police officer or local authority must ensure that any body or individual the officer or authority thinks appropriate has been consulted.

The Secretary of State may by regulations specify premises or descriptions of premises in relation to which a closure notice may not be issued.

S77 Duration of closure notices

The maximum period that may be specified in a closure notice is 24 hours unless subsection (2) applies.

The maximum period is 48 hours:

  • if, in the case of a notice issued by a police officer, the officer is of at least the rank of superintendent, or
  • if, in the case of a notice issued by a local authority, the notice is signed by the chief executive officer of the authority or a person designated by him or her for the purposes of this subsection.

In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.

The period specified in a closure notice to which subsection (2) does not apply may be extended by up to 24 hours:

  • if, in the case of a notice issued by a police officer, an extension notice is issued by an officer of at least the rank of superintendent, or
  • if, in the case of a notice issued by a local authority, the authority issues an extension notice signed by the chief executive officer of the authority or a person designated by the chief executive officer for the purposes of this subsection.

An extension notice is a notice which:

  • identifies the closure notice to which it relates, and
  • specifies the period of the extension.

In this section “chief executive officer”, in relation to a local authority, means the head of the paid service of the authority designated under section 4 of the Local Government and Housing Act 1989.

S78 Cancellation or variation of closure notices

This section applies where a closure notice is in force and the relevant officer or authority is no longer satisfied as mentioned in section 76(1), either:

  • as regards the premises as a whole, or
  • as regards a particular part of the premises.

In a case within subsection (1)(a) the relevant officer or authority must issue a cancellation notice. A cancellation notice is a notice cancelling the closure notice.

In a case within subsection (1)(b) the relevant officer or authority must issue a variation notice. A variation notice is a notice varying the closure notice so that it does not apply to the part of the premises referred to in subsection (1)(b).

A cancellation notice or a variation notice that relates to a closure notice which was:

  • issued by a local authority, and
  • signed as mentioned in section 77(2)(b), must be signed by the person who signed the closure notice (or, if that person is not available, by another person who could have signed as mentioned in section 77(2)(b)).

A cancellation notice or a variation notice that relates to a closure notice which was:

  • issued by a local authority, and
  • extended under section 77(4)(b), must be signed by the person who signed the extension notice (or, if that person is not available, by another person who could have signed the extension notice).

In this section “the relevant officer or authority” means:

  • in the case of a closure notice issued by a police officer and not extended under section 77(4)(a), that officer (or, if that officer is not available, another officer of the same or higher rank);
  • in the case of a closure notice issued by a police officer and extended under section 77(4)(a), the officer who issued the extension notice (or, if that officer is not available, another officer of the same or higher rank);
  • in the case of a closure notice issued by a local authority, that authority.

Some of the key issues that we need to concentrate on are as follows:

  • An inspector may issue a Closure Notice (where it is a Superintendent for a Summary Review);
  • A Closure Notice can prohibit access to the premises for a period specified in the notice not exceeding a maximum of 48 hours. This is more impactful than the old S.161 Closure Notice which only forced the operator to cease Licensable Activities;
  • The local authority can also issue the Closure Notice.

Once the notice has been served then S80 of the legislation gives the power of the Magistrates Court to make a Closure Order.

S80 Power of court to make closure orders

Whenever a Closure Notice is issued an application must be made to a Magistrates Court for a Closure Order (unless the notice has been cancelled under S78).

An application for a Closure Order must be made –

  • By a constable, if the Closure Notice was issued by a police officer;
  • By the authority that issued the Closure Notice, if the notice was issued by a local authority.

The application must be heard by the Magistrates Court not later than 48 hours after service of the Closure Notice.

In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.

The court may make a Closure Notice 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 is an order prohibiting access to the premises for a period specified in the order. The period may not exceed 3 months.

A Closure Order may prohibit access:

  • 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.

A Closure Order:

  • May be made in respect of the whole or any part of the premises;
  • May include provision about access to a part of the building or structure of which the premises form part.

The Court must notify the relevant Licensing Authority if it makes a Closure Order in relation to premises in respect of which a premises licence is in force.

We are aware that these powers are being used, particularly by the Metropolitan Police Service in London.

These are interactive powers which can really lead to huge potential loss at licensed premises.

They are a useful tool for police and the local authority to take out repeat troublesome venues. However, we would always still expect to see a graduated response to premises that are causing nuisance/disorder and we would hope in the circumstances that operators would be given the opportunity to improve their trading style to ensure that the public disorder subject to the police or local authority attention could be removed before the need for serving Closure Notices/Orders under the Anti-Social Behaviour Crime and Policing Act 2014.

Paddy Whur is a partner at Woods Whur. He can be contacted on 07738 170137 or This email address is being protected from spambots. You need JavaScript enabled to view it..