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Anti-Social Behaviour Act 2003


Sections 40: Closure of noisy premises

101.Section 40 allows a chief executive of a local authority to issue a closure order in relation to licensed premises or premises operating under a temporary event notice which are causing a public noise nuisance. Subsection (1) sets out the circumstances under which a closure order can be made. Subsection (3) states that the closure order can apply for a maximum of 24 hours, starting from the time when the notice was issued to the manager. Subsections (4) and (5) provide that if a person disobeys a closure order they are committing an offence and can receive a penalty of up to 3 months imprisonment or a fine of up to £20,000.

Sections 41: Closure of noisy premises: supplemental

102.Subsection (1) of section 41 outlines the circumstances under which an order can be cancelled, and requires the officer issuing the order to inform the relevant licensing authority. Subsection (2) sets out the process by which the chief executive officer of a local authority can authorise environmental health officers to issue closure orders. Subsection (3) defines terms used in this section and in section 40.

Section 42: Dealing with noise at night

103.This section amends the Noise Act 1996, which currently gives powers to deal with noise at night (by way of warning notices, fixed penalties etc.). These powers have previously only applied to a local authority (in England, Wales or Northern Ireland) that adopts to apply them in its area. Subsection (2) removes the adoptive nature of the powers in respect of England and Wales, thereby bestowing these powers on all English and Welsh local authorities. Subsection (3) removes the previously associated duty (once the powers had been adopted) to take reasonable steps to investigate a complaint, and substitutes a discretionary power to take such steps in response to a complaint. Subsection (4) removes a provision that applied to the situation where one authority had adopted powers under the Act but a neighbouring authority had not, as this will no longer apply. Subsection (5) makes provision as to what local authorities can do with penalty receipts.

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