Anti-social Behaviour, Crime and Policing Bill (HL Bill 52)

(2) In subsection (1) “regulated” means—

(a) prohibited by virtue of section 55(4)(a), or

(b) subjected to requirements by virtue of section 55(4)(b),

whether or not for all persons and at all times.

67 5Interpretation of Chapter 2

(1) In this Chapter—

• “alcohol” has the meaning given by section 191 of the Licensing Act 2003;

• “community representative”, in relation to a public spaces protection
  order that a local authority proposes to make or has made, means any
  10individual or body appearing to the authority to represent the views of
  people who live in, work in or visit the restricted area;

• “local authority” means—

  (a)

  in relation to England, a district council, a county council for an
  area for which there is no district council, a London borough
  15council, the Common Council of the City of London or the
  Council of the Isles of Scilly;

  (b)

  in relation to Wales, a county council or a county borough
  council;

• “public place”—

  (a)

  20means any place to which the public or any section of the public
  has access, on payment or otherwise, as of right or by virtue of
  express or implied permission, but

  (b)

  does not include land to which subsection (2) applies;

• “restricted area” has the meaning given by section 55(4).

(2) 25This section applies to land—

(a) for the regulation of which a private Act confers power on a person
other than a local authority, and

(b) in respect of which that person has given a notice in writing under this
subsection to the local authority or local authorities in whose area the
30land is situated.

68 Saving and transitional provision

(1) The repeal or amendment by this Act of provisions about any of the orders
specified in subsection (2) does not apply in relation to—

(a) an order specified in that subsection made before the commencement
35day;

(b) anything done in connection with such an order.

(2) The orders are—

(a) a gating order under Part 8A of the Highways Act 1980;

(b) an order under section 13(2) of the Criminal Justice and Police Act 2001
40(power of local authority to designate public place for restrictions on
alcohol consumption);

(c) a dog control order under Chapter 1 of Part 6 of the Clean
Neighbourhoods and Environment Act 2005.

(3) At the end of the period of 3 years beginning with the commencement day—

(a) this Chapter has effect in relation to any order specified in subsection
(2) that is still in force as if the provisions of the order were provisions
of a public spaces protection order;

(b) subsection (1) ceases to have effect.

5This Part, as it applies by virtue of paragraph (a), has effect with any necessary
modifications (and with any modifications specified in an order under section
160(7)).

(4) In this section “commencement day” means the day on which this Chapter
comes into force.

CHAPTER 3 10Closure of premises associated with nuisance or disorder etc

Closure notices

69 Power to issue closure notices

(1) A police officer of at least the rank of inspector, or the local authority, may issue
a closure notice if satisfied on reasonable grounds—

(a) 15that the use of particular premises has resulted, or (if the notice is not
issued) is likely soon to result, in nuisance to members of the public, or

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

and that the notice is necessary to prevent the nuisance or disorder from
20continuing, recurring or occurring.

(2) A closure notice is a notice prohibiting access to the premises for a period
specified in the notice.

For the maximum period, see section 70.

For the maximum period, see section 70.

(3) 25A closure notice may prohibit access—

(a) 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.

(4) 30A closure notice may not prohibit access by—

(a) people who habitually live on the premises, or

(b) the owner of the premises,

and accordingly they must be specified under subsection (3)(a).

(5) A closure notice must—

(a) 35identify the premises;

(b) explain the effect of the notice;

(c) state that failure to comply with the notice is an offence;

(d) state that an application will be made under section 73 for a closure
order;

(e) 40specify when and where the application will be heard;

(f) explain the effect of a closure order;

(g) give information about the names of, and means of contacting, persons
and organisations in the area that provide advice about housing and
legal matters.

(6) A closure notice may be issued only if reasonable efforts have been made to
5inform—

(a) people who live on the premises (whether habitually or not), and

(b) any person who has control of or responsibility for the premises or who
has an interest in them,

that the notice is going to be issued.

(7) 10Before issuing a closure notice the police officer or local authority must ensure
that any body or individual the officer or authority thinks appropriate has been
consulted.

(8) The Secretary of State may by regulations specify premises or descriptions of
premises in relation to which a closure notice may not be issued.

70 15Duration of closure notices

(1) The maximum period that may be specified in a closure notice is 24 hours
unless subsection (2) applies.

(2) The maximum period is 48 hours—

(a) if, in the case of a notice issued by a police officer, the officer is of at least
20the rank of superintendent, or

(b) if, in the case of a notice issued by a local authority, the notice is signed
by the chief executive officer of the authority or a person designated by
him or her for the purposes of this subsection.

(3) In calculating when the period of 48 hours ends, Christmas Day is to be
25disregarded.

(4) The period specified in a closure notice to which subsection (2) does not apply
may be extended by up to 24 hours—

(a) if, in the case of a notice issued by a police officer, an extension notice
is issued by an officer of at least the rank of superintendent, or

(b) 30if, in the case of a notice issued by a local authority, the authority issues
an extension notice signed by the chief executive officer of the authority
or a person designated by the chief executive officer for the purposes of
this subsection.

(5) An extension notice is a notice which—

(a) 35identifies the closure notice to which it relates, and

(b) specifies the period of the extension.

(6) In this section “chief executive officer”, in relation to a local authority, means
the head of the paid service of the authority designated under section 4 of the
Local Government and Housing Act 1989.

71 40Cancellation or variation of closure notices

(1) This section applies where a closure notice is in force and the relevant officer
or authority is no longer satisfied as mentioned in section 69(1), either—

(a) as regards the premises as a whole, or

(b) as regards a particular part of the premises.

(2) In a case within subsection (1)(a) the relevant officer or authority must issue a
cancellation notice.

A cancellation notice is a notice cancelling the closure notice.

A cancellation notice is a notice cancelling the closure notice.

(3) 5In a case within subsection (1)(b) the relevant officer or authority must issue a
variation notice.

A variation notice is a notice varying the closure notice so that it does not apply
to the part of the premises referred to in subsection (1)(b).

A variation notice is a notice varying the closure notice so that it does not apply
10to the part of the premises referred to in subsection (1)(b).

(4) A cancellation notice or a variation notice that relates to a closure notice which
was—

(a) issued by a local authority, and

(b) signed as mentioned in section 70(2)(b),

15must be signed by the person who signed the closure notice (or, if that person
is not available, by another person who could have signed as mentioned in
section 70(2)(b)).

(5) A cancellation notice or a variation notice that relates to a closure notice which
was—

(a) 20issued by a local authority, and

(b) extended under section 70(4)(b),

must be signed by the person who signed the extension notice (or, if that
person is not available, by another person who could have signed the extension
notice).

(6) 25In this section “the relevant officer or authority” means—

(a) in the case of a closure notice issued by a police officer and not extended
under section 70(4)(a), that officer (or, if that officer is not available,
another officer of the same or higher rank);

(b) in the case of a closure notice issued by a police officer and extended
30under section 70(4)(a), the officer who issued the extension notice (or, if
that officer is not available, another officer of the same or higher rank);

(c) in the case of a closure notice issued by a local authority, that authority.

72 Service of notices

(1) A closure notice, an extension notice, a cancellation notice or a variation notice
35must be served by—

(a) a constable, in the case of a notice issued by a police officer;

(b) an employee of the authority that issued the notice, in the case of a
notice issued by a local authority.

(2) The constable or local authority employee must if possible—

(a) 40fix a copy of the notice to at least one prominent place on the premises,

(b) fix a copy of the notice to each normal means of access to the premises,

(c) fix a copy of the notice to any outbuildings that appear to the constable
or employee to be used with or as part of the premises,

(d) give a copy of the notice to at least one person who appears to the
45constable or employee to have control of or responsibility for the
premises, and

(e) give a copy of the notice to the people who live on the premises and to
any person who does not live there but was informed (under section
69(6)) that the notice was going to be issued.

(3) If the constable or local authority employee reasonably believes, at the time of
serving the notice, that there are persons occupying another part of the
building or other structure in which the premises are situated whose access to
that part will be impeded if a closure order is made under section 73, the
5constable or employee must also if possible serve the notice on those persons.

(4) The constable or local authority employee may enter any premises, using
reasonable force if necessary, for the purposes of complying with subsection
(2)(a).

Closure orders

73 10Power of court to make closure orders

(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 71).

(2) An application for a closure order must be made—

(a) 15by 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) 20In 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,
25or

(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,

30and 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.

35The 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) 40in 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.

74 Temporary orders

(1) This section applies where an application has been made to a magistrates’
5court under section 73 for a closure order.

(2) If 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—

(a) that the use of particular premises has resulted, or (if the notice is not
10continued) 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
be, disorder near those premises associated with the use of those
premises,

15and 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
than 14 days to enable—

(a) the occupier of the premises,

(b) 20the 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) If 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 25Extension 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
the period for which the order is in force.

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

(a) 30where 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
authority, that authority.

(3) A police officer or local authority may make an application under this section
35only 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) serious nuisance to members of the public resulting from the use of the
premises, or

(c) 40disorder 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) In 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
issue a summons directed to—

(a) 5any 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
application.

(6) 10If 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),
it may make an order extending (or further extending) the period of the closure
15order 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) At any time before the expiry of a closure order, an application may be made
20to 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
25made 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) Where a person other than a constable makes an application under this section
30for 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
35place 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) 40the 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
45appear 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
5complainant).

(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) 10serious 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 Appeals

(1) 15An 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
closure notice was not served.

(2) 20A 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) a decision (under section 74) not to order the continuation in force of a
25closure 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
authority;

(c) 30a 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
beginning with the date of the decision to which it relates.

(6) 35On 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
force.

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) 5do 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) 10in relation to a closure order made on the application of a local
authority, means a person authorised by that authority.

(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
15premises, produce evidence of his or her identity and authority before entering
the 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) 20A person who without reasonable excuse remains on or enters premises in
contravention 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) 25A person who without reasonable excuse obstructs a person acting under
section 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) 30to a fine,

or 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) 35to a fine,

or 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 Access to other premises

(1) Where—

(a) access to premises is prohibited or restricted by, or as a result of, an
5order under section 73, 74, 75 or 77,

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

(c) there 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
10an order under this section.

(2) The appropriate court is—

(a) the 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.

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

(a) 15whatever constable the court thinks appropriate;

(b) the 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.

(4) 20On 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).

It does not matter whether provision has been made under section 73(8)(b).

It does not matter whether provision has been made under section 73(8)(b).

81 25Reimbursement 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
closure order is in force may apply to the court that made the order for an order
under this section.

(2) 30On 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 or
occupier of the premises of the expenditure mentioned in subsection (1).

(3) An 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
35the closure order ceases to have effect.

(4) An order under this section may be made only against a person who has been
served with the application for the order.

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

(a) the local policing body for the area in which the premises are situated,
40if the application is made by a local authority;

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