PART 4

Community protection
CHAPTER 3

Closure of premises associated with nuisance or disorder etc

Closure orders

Discharge of closure orders
83
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.
S. 83 in force at 20.10.2014 by S.I. 2014/2590, art. 3(c)