Part 4

Closure of premises

Closure notices

Authorisation of closure notice
26
1
Subject to subsections (2) and (3), a senior police officer may authorise the service of a notice (a “closure notice”) prohibiting access to premises by any person other than—
a
a person who habitually resides in the premises; or
b
the owner of the premises.
2
The Scottish Ministers may by regulations specify premises or descriptions of premises in respect of which an authorisation under subsection (1) may not be given.
3
A senior police officer may authorise the service of a closure notice only where the senior police officer—
a
has reasonable grounds for believing that—
i
at any time during the immediately preceding 3 months a person has engaged in antisocial behaviour on the premises; and
ii
the use of the premises is associated with the occurrence of relevant harm; and
b
is satisfied that—
i
the local authority for the area in which the premises are situated has been consulted; and
ii
reasonable steps have been taken to establish the identity of any person who lives on, has control of, has responsibility for or has an interest in the premises.
4
An authorisation given under subsection (1) shall, if given orally, be confirmed by the senior police officer in writing as soon as is practicable.