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Criminal Justice and Police Act 2001

Status:

This is the original version (as it was originally enacted).

19Closure notices
This section has no associated Explanatory Notes

(1)Where a constable is satisfied that any premises are being, or within the last 24 hours have been, used for the unlicensed sale of intoxicating liquor for consumption on, or in the vicinity of, the premises, he may serve under subsection (3) a notice in respect of the premises.

(2)Where a local authority is satisfied that any premises in the area of the authority are being, or within the last 24 hours have been, used for the unlicensed sale of intoxicating liquor for consumption on, or in the vicinity of, the premises, the authority may serve under subsection (3) a notice in respect of the premises.

(3)A notice under subsection (1) or (2) (“a closure notice”) shall be served by the constable or local authority concerned on a person having control of, or responsibility for, the activities carried on at the premises.

(4)A closure notice shall also be served by the constable or local authority concerned on any person occupying another part of any building or other structure of which the premises form part if the constable or (as the case may be) the local authority concerned reasonably believes, at the time of serving notice under subsection (3), that the person’s access to the other part of the building or other structure would be impeded if an order under section 21 providing for the closure of the premises were made.

(5)A closure notice may also be served by a constable or the local authority concerned on—

(a)any other person having control of, or responsibility for, the activities carried on at the premises;

(b)any person who has an interest in the premises.

(6)A closure notice shall—

(a)specify the alleged use of the premises and the grounds on which the constable or (as the case may be) the local authority concerned is satisfied as mentioned in subsection (1) or (as the case may be) subsection (2);

(b)state the effect of section 20; and

(c)specify the steps which may be taken to ensure that the alleged use of the premises ceases or (as the case may be) does not recur.

(7)A closure notice served by a constable or local authority may be cancelled by a notice of cancellation served by a constable or (as the case may be) the local authority concerned.

(8)Any such notice of cancellation shall have effect as soon as it is served by a constable or (as the case may be) the authority concerned on at least one person on whom the closure notice was served.

(9)The constable or (as the case may be) the local authority concerned shall also serve the notice of cancellation on any other person on whom the closure notice was served.

(10)For the purposes of subsections (3) and (5) a person having control of, or responsibility for, the activities carried on at the premises includes a person who—

(a)derives or seeks to derive profit from the carrying on of the activities;

(b)manages the activities;

(c)employs any person to manage the activities; or

(d)is involved in the conduct of the activities.

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