PART 4

Community protection
CHAPTER 3

Closure of premises associated with nuisance or disorder etc

Closure orders

Power of court to make closure orders
80
1
Whenever a closure notice is issued an application must be made to a magistrates' court for a closure order (unless the notice has been cancelled under section 78).
2
An application for a closure order must be made—
a
by a constable, if the closure notice was issued by a police officer;
b
by the authority that issued the closure notice, if the notice was issued by a local authority.
3
The application must be heard by the magistrates' court not later than 48 hours after service of the closure notice.
4
In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.
5
The court may make a closure order if it is satisfied—
a
that a person has engaged, or (if the order is not made) is likely to engage, in disorderly, offensive or criminal behaviour on the premises, or
b
that the use of the premises has resulted, or (if the order is not made) is likely to result, in serious nuisance to members of the public, or
c
that there has been, or (if the order is not made) is likely to be, disorder near those premises associated with the use of those premises,
and that the order is necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring.
6
A closure order is an order prohibiting access to the premises for a period specified in the order.
The period may not exceed 3 months.
7
A closure order may prohibit access—
a
by all persons, or by all persons except those specified, or by all persons except those of a specified description;
b
at all times, or at all times except those specified;
c
in all circumstances, or in all circumstances except those specified.
8
A closure order—
a
may be made in respect of the whole or any part of the premises;
b
may include provision about access to a part of the building or structure of which the premises form part.
9
The court must notify the relevant licensing authority if it makes a closure order in relation to premises in respect of which a premises licence is in force.
S. 80 in force at 20.10.2014 by S.I. 2014/2590, art. 3(c)