PART 4Community protection

CHAPTER 3Closure of premises associated with nuisance or disorder etc

Closure orders

I183Discharge of closure orders

1

At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for the order to be discharged.

2

Those entitled to make an application under this section are—

a

a constable, where the closure order was made on the application of a constable;

b

the authority that applied for the closure order, where the order was made on the application of a local authority;

c

a person on whom the closure notice was served under section 79;

d

anyone else who has an interest in the premises but on whom the closure notice was not served.

3

Where a person other than a constable makes an application under this section for the discharge of an order that was made on the application of a constable, the justice may issue a summons directed to a constable considered appropriate by the justice requiring him or her to appear before the magistrates' court to respond to the application.

4

If a summons is issued under subsection (3), a notice stating the date, time and place of the hearing of the application must be served on—

a

the constable to whom the summons is directed;

b

the persons mentioned in subsection (2)(c) and (d) (other than the complainant).

5

Where—

a

the order in question was made on the application of a local authority, and

b

a person other than that authority makes an application under this section for the discharge of the order,

the justice may issue a summons directed to that authority requiring it to appear before the magistrates' court to respond to the application.

6

If a summons is issued under subsection (5), a notice stating the date, time and place of the hearing of the application must be served on—

a

the authority mentioned in that subsection;

b

the persons mentioned in subsection (2)(c) and (d) (other than the complainant).

7

The magistrates' court may not make an order discharging the closure order unless satisfied that the closure order is no longer necessary to prevent the occurrence, recurrence or continuance of—

a

disorderly, offensive or criminal behaviour on the premises,

b

serious nuisance to members of the public resulting from the use of the premises, or

c

disorder near the premises associated with the use of the premises.