Part 2A

Closure orders

Closure notices

Power to authorise issue of closure notice: prostitution or pornography offences
136B
1
A member of a police force not below the rank of superintendent (“the authorising officer”) may authorise the issue of a closure notice in respect of any premises if three conditions are met.
2
The first condition is that the officer has reasonable grounds for believing that either subsection (3) or (4) (or both) applies.
3
This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified prostitution offences.
But this subsection does not apply if only one person obtained all of the sexual services in question (whether or not on a single occasion).
4
This subsection applies if, during the relevant period, the premises were used for activities related to one or more specified pornography offences.
5
In subsections (3) and (4), “
the relevant period
” means the period of 3 months ending with the day on which the officer is considering whether to authorise the issue of the notice.
6
The second condition is that the officer has reasonable grounds for believing that the making of a closure order under section 136D is necessary to prevent the premises being used for activities related to one or more specified prostitution or pornography offences.
7
The third condition is that the officer is satisfied—
a
that the local authority for the area in which the premises are situated has been consulted, and
b
that reasonable steps have been taken to establish the identity of any person who resides on the premises or who has control of or responsibility for or an interest in the premises.
8
For the purposes of the second condition, it does not matter whether the officer believes that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made).
9
An authorisation under subsection (1) may be given orally or in writing, but if it is given orally the authorising officer must confirm it in writing as soon as it is practicable.
10
The issue of a closure notice may be authorised whether or not a person has been convicted of any specified prostitution or pornography offence that the authorising officer believes has been committed.
11
The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.
Pt. 2A inserted (E.W.N.I.) (1.4.2010 for E.W. and otherwise prosp.) by Policing and Crime Act 2009 (c. 26), ss. 21(1), 116(1), Sch. 2 para. 1 (with s. 21(2)); S.I. 2010/507, art. 5(t) (subject to art. 6)
Words in s. 136B heading substituted (8.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 6 para. 3 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 2(f)