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74 Temporary orders

(1) This section applies where an application has been made to a magistrates’
court under section 73 for a closure order.

(2) 40If the court does not make a closure order it may nevertheless order that the
closure notice continues in force for a specified further period of not more than
48 hours, if satisfied—

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(a) that the use of particular premises has resulted, or (if the notice is not
continued) is likely soon to result, in nuisance to members of the public,
or

(b) that there has been, or (if the notice is not continued) is likely soon to
5be, disorder near those premises associated with the use of those
premises,

and that the continuation of the notice is necessary to prevent the nuisance or
disorder from continuing, recurring or occurring.

(3) The court may adjourn the hearing of the application for a period of not more
10than 14 days to enable—

(a) the occupier of the premises,

(b) the person with control of or responsibility for the premises, or

(c) any other person with an interest in the premises,

to show why a closure order should not be made.

(4) 15If the court adjourns the hearing under subsection (3) it may order that the
closure notice continues in force until the end of the period of the adjournment.

75 Extension of closure orders

(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 an extension (or further extension) of
20the period for which the order is in force.

(2) Those entitled to make an application under this section are—

(a) where the closure order was made on the application of a constable, a
police officer of at least the rank of inspector;

(b) where the closure order was made on the application of a local
25authority, that authority.

(3) A police officer or local authority may make an application under this section
only if satisfied on reasonable grounds that it is necessary for the period of the
order to be extended to prevent the occurrence, recurrence or continuance of—

(a) disorderly, offensive or criminal behaviour on the premises,

(b) 30serious 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,

and also satisfied that the appropriate consultee has been consulted about the
intention to make the application.

(4) 35In subsection (3) “the appropriate consultee” means—

(a) the local authority, in the case of an application by a police officer;

(b) the chief officer of police for the area in which the premises are situated,
in the case of an application by a local authority.

(5) Where an application is made under this section, the justice of the peace may
40issue a summons directed to—

(a) any person on whom the closure notice was served under section 72, or

(b) any other person who appears to the justice to have an interest in the
premises but on whom the closure notice was not served,

requiring the person to appear before the magistrates’ court to respond to the
45application.

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(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 the persons to whom
the summons is directed.

(7) If the magistrates’ court is satisfied as mentioned in subsection (3)(a), (b) or (c),
5it may make an order extending (or further extending) the period of the closure
order by a period not exceeding 3 months.

(8) The period of a closure order may not be extended so that the order lasts for
more than 6 months.

76 Discharge of closure orders

(1) 10At 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) 15the 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 72;

(d) anyone else who has an interest in the premises but on whom the
closure notice was not served.

(3) 20Where 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) 25If 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) 30Where—

(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,

35the 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) 40the 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) 45disorderly, offensive or criminal behaviour on the premises,

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(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.

Appeals

77 5Appeals

(1) An appeal against a decision to make or extend a closure order may be made
by—

(a) a person on whom the closure notice was served under section 72;

(b) anyone else who has an interest in the premises but on whom the
10closure notice was not served.

(2) A constable may appeal against—

(a) a decision not to make a closure order applied for by a constable;

(b) a decision not to extend a closure order made on the application of a
constable;

(c) 15a decision (under section 74) not to order the continuation in force of a
closure notice issued by a constable.

(3) A local authority may appeal against—

(a) a decision not to make a closure order applied for by that authority;

(b) a decision not to extend a closure order made on the application of that
20authority;

(c) a decision (under section 74) not to order the continuation in force of a
closure notice issued by that authority.

(4) An appeal under this section is to the Crown Court.

(5) An appeal under this section must be made within the period of 21 days
25beginning with the date of the decision to which it relates.

(6) On an appeal under this section the Crown Court may make whatever order it
thinks appropriate.

(7) The Crown 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
30force.

Enforcement

78 Enforcement of closure orders

(1) An authorised person may—

(a) enter premises in respect of which a closure order is in force;

(b) 35do anything necessary to secure the premises against entry.

(2) In this section “authorised person”—

(a) in relation to a closure order made on the application of a constable,
means a constable or a person authorised by the chief officer of police
for the area in which the premises are situated;

(b) 40in relation to a closure order made on the application of a local
authority, means a person authorised by that authority.

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(3) A person acting under subsection (1) may use reasonable force.

(4) A person seeking to enter premises under subsection (1) must, if required to do
so by or on behalf of the owner, occupier or other person in charge of the
premises, produce evidence of his or her identity and authority before entering
5the premises.

(5) An authorised person may also enter premises in respect of which a closure
order is in force to carry out essential maintenance or repairs to the premises.

79 Offences

(1) A person who without reasonable excuse remains on or enters premises in
10contravention of a closure notice (including a notice continued in force under
section 74) commits an offence.

(2) A person who without reasonable excuse remains on or enters premises in
contravention of a closure order commits an offence.

(3) A person who without reasonable excuse obstructs a person acting under
15section 72 or 78(1) commits an offence.

(4) A person guilty of an offence under subsection (1) or (3) is liable on summary
conviction—

(a) to imprisonment for a period not exceeding 3 months, or

(b) to a fine,

20or to both.

(5) A person guilty of an offence under subsection (2) is liable on summary
conviction—

(a) to imprisonment for a period not exceeding 51 weeks, or

(b) to a fine,

25or to both.

(6) In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003, the reference in subsection (5)(a) to 51 weeks
is to be read as a reference to 6 months.

Supplemental

80 30Access to other premises

(1) Where—

(a) access to premises is prohibited or restricted by, or as a result of, an
order under section 73, 74, 75 or 77,

(b) those premises are part of a building or structure, and

(c) 35there is another part of that building or structure that is not subject to
the prohibition or restriction,

an occupier or owner of that other part may apply to the appropriate court for
an order under this section.

(2) The appropriate court is—

(a) 40the magistrates’ court, in the case of an order under section 73, 74 or 75;

(b) the Crown Court, in the case of an order under section 77.

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(3) Notice of an application under this section must be given to—

(a) whatever constable the court thinks appropriate;

(b) the local authority;

(c) a person on whom the closure notice was served under section 72;

(d) 5anyone else who has an interest in the premises but on whom the
closure notice was not served.

(4) On an application under this section the court may make whatever order it
thinks appropriate in relation to access to any part of the building or structure
mentioned in subsection (1).

10It does not matter whether provision has been made under section 73(7)(b).

It does not matter whether provision has been made under section 73(7)(b).

81 Reimbursement of costs

(1) A local policing body or a local authority that incurs expenditure for the
purpose of clearing, securing or maintaining premises in respect of which a
15closure order is in force may apply to the court that made the order for an order
under this section.

(2) On an application under this section the court may make whatever order it
thinks appropriate for the reimbursement (in full or in part) by the owner of the
premises of the expenditure mentioned in subsection (1).

(3) 20An application for an order under this section may not be heard unless it is
made before the end of the period of 3 months starting with the day on which
the closure order ceases to have effect.

(4) An application under this section must be served on—

(a) the local policing body for the area in which the premises are situated,
25if the application is made by a local authority;

(b) the local authority, if the application is made by a local policing body;

(c) the owner of the premises.

82 Exemption from liability

(1) A police officer, or the chief officer of police under whose direction or control
30he or she acts, is not liable for damages in proceedings for—

(a) judicial review, or

(b) the tort of negligence or misfeasance in public office,

arising out of anything done or omitted to be done by the police officer in the
exercise or purported exercise of a power under this Chapter.

(2) 35A local authority is not liable for damages in proceedings for—

(a) judicial review, or

(b) the tort of negligence or misfeasance in public office,

arising out of anything done or omitted to be done by the authority in the
exercise or purported exercise of a power under this Chapter.

(3) 40Subsections (1) and (2) do not apply to an act or omission shown to have been
in bad faith.

(4) Subsections (1) and (2) do not apply so as to prevent an award of damages
made in respect of an act or omission on the ground that the act or omission
was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

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Contents page 1-15 16-19 20-29 30-44 45-49 50-59 60-68 70-79 80-89 90-99 100-109 110-119 120-129 130-139 140-148 Last page