Closure order for identified premises
A senior police officer have the power to close specific premises for up to 24 hours. A closure order may be made upon two grounds, the first of which is where there is actual or likely disorder to the extent that the closure of the related premises is necessary in the interests of public safety. The second ground is where closure is necessary to prevent a public nuisance, owing to the noise emanating from the premises.
In deciding whether to make a closure order, the police officer must have regard to the conduct of certain defined individuals at the premises. The purpose of this provision is to allow discretion in cases where, for example, it is clear that those managing the premises are treating the disorder or disturbance with sufficient gravity and are taking steps to reduce it or bring it under control.
Extension of closure order
A senior police officer can extend, in certain limited circumstances, the period for which a closure order may have effect. Such an extension may be for a further period of 24 hours. More than one extension may be made.
Cancellation of closure order
A senior police officer can cancel a closure order at any time before it has been considered by a magistrates’ court. Such a cancellation must be made where the officer does not reasonably believe that closure of the premises is necessary because of disorder, likely disorder or because of noise emanating from the premises. The officer must give notice to the licence holder, designated premises supervisor, premises user or manager of the premises where it is decided to cancel a closure order.
Application to magistrates’ court by police
After a closure order comes into force, the responsible senior police officer must apply to the magistrates’ court as soon as possible to allow for the consideration of the order by the court. Notice of such an application and details of the order itself must also be given to the relevant licensing authority.
Consideration of closure order by magistrates’ court
The relevant magistrates’ court to whom an application has been made must hold a hearing. The court can take a number of courses of action in relation to the order, including revoking the closure order, or ordering its extension until the licensing authority has conducted a review of the order. The court may also make an order determining that the premises should be, or should remain, closed until such a review has been completed.
There is a right of appeal to the Crown Court, against decisions made by a magistrates’ court
