Textual Amendments
F1Pt. 1A inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 118, 153(7), Sch. 20; S.I. 2008/2993, art. 2(1)(b)(g)
(1)If a Part 1A closure notice has been issued under section 11A an application must be made under this section to a magistrates' court for the making of a Part 1A closure order.
(2)An application under subsection (1) must be made by—
(a)a constable if the issue of the Part 1A closure notice was authorised by the authorising officer, or
(b)the local authority if the issue of the Part 1A closure notice was authorised by the authority.
(3)The application must be heard by the magistrates' court not later than 48 hours after the notice was served in pursuance of section 11A(7)(a).
(4)The magistrates' court may make a Part 1A closure order if and only if it is satisfied that each of the following paragraphs applies—
(a)a person has engaged in anti-social behaviour on the premises in respect of which the Part 1A closure notice was issued;
(b)the use of the premises is associated with significant and persistent disorder or persistent serious nuisance to members of the public;
(c)the making of the order is necessary to prevent the occurrence of such disorder or nuisance for the period specified in the order.
(5)A Part 1A closure order is an order that the premises in respect of which the order is made are closed to all persons for such period (not exceeding 3 months) as is specified in the order.
(6)But the order may include such provision as the court thinks appropriate relating to access to any part of the building or structure of which the premises form part.
(7)The magistrates' court may adjourn the hearing on the application for a period of not more than 14 days to enable—
(a)the occupier of the premises,
(b)the person who has control of or responsibility for the premises, or
(c)any other person with an interest in the premises,
to show why a Part 1A closure order should not be made.
(8)If the magistrates' court adjourns the hearing under subsection (7) it may order that the Part 1A closure notice continues in effect until the end of the period of the adjournment.
(9)A Part 1A closure order may be made in respect of the whole or any part of the premises in respect of which the Part 1A closure notice was issued.]