Supplemental

68 Powers of community support officers

(1) In Part 1 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by
community support officers), for paragraph 5 there is substituted—

5“Alcohol consumption in restricted areas

5 Where a designation applies this paragraph to any person, that
person shall, within the relevant police area, have the powers of a
constable under section 62 of the Anti-social Behaviour, Crime and
Policing Act 2014 (consumption of alcohol in breach of prohibition in
10public spaces protection order)—

(a) to impose a requirement under subsection (2) of that section;
and

(b) to dispose under subsection (5) of that section of anything
surrendered to the person;

15and that section shall have effect in relation to the exercise of those
powers by that person as if the references to a constable were
references to that person.”

(2) In paragraph 1 of that Schedule (power of community support officers to issue
fixed penalty notices), after paragraph (e) of sub-paragraph (2) there is
20inserted—

“(f) the power of a constable to issue a fixed penalty notice under
section 67 of the Anti-social Behaviour, Crime and Policing
Act 2014 (fixed penalty notice in respect of failure to comply
with public spaces protection order).”

69 25Byelaws

A byelaw that prohibits, by the creation of an offence, an activity regulated by
a public spaces protection order is of no effect in relation to the restricted area
during the currency of the order.

70 Bodies other than local authorities with statutory functions in relation to land

(1) 30The Secretary of State may by order—

(a) designate a person or body (other than a local authority) that has power
to make byelaws in relation to particular land, and

(b) specify land in England to which the power relates.

(2) This Chapter has effect as if—

(a) 35a person or body designated under subsection (1) (a “designated
person”) were a local authority, and

(b) land specified under that subsection were within its area.

But references in the rest of this section to a local authority are to a local
authority that is not a designated person.

(3) 40The only prohibitions or requirements that may be imposed in a public spaces
protection order made by a designated person are ones that it has power to
impose (or would, but for section 69, have power to impose) by making a
byelaw in respect of the restricted area.

(4) A public spaces protection order made by a designated person may not include
provision regulating, in relation to a particular public space, an activity that is
already regulated in relation to that space by a public spaces protection order
made by a local authority.

(5) 5Where a public spaces protection order made by a local authority regulates, in
relation to a particular public space, an activity that a public spaces protection
order made by a designated person already regulates, the order made by the
designated person ceases to have that effect.

(6) If a person or body that may be designated under subsection (1)(a) gives a
10notice in writing under this subsection, in respect of land in relation to which
it has power to make byelaws, to a local authority in whose area the land is
situated—

(a) no part of the land may form, or fall within, the restricted area of any
public spaces protection order made by the local authority;

(b) 15if any part of the land—

(i) forms the restricted area of a public spaces protection order
already made by the local authority, or

(ii) falls within such an area,

the order has ceases to have effect (where sub-paragraph (i) applies), or
20has effect as if the restricted area did not include the land in question
(where sub-paragraph (ii) applies).

71 Convention rights, consultation, publicity and notification

(1) A local authority, in deciding—

(a) whether to make a public spaces protection order (under section 58)
25and if so what it should include,

(b) whether to extend the period for which a public spaces protection order
has effect (under section 59) and if so for how long,

(c) whether to vary a public spaces protection order (under section 60) and
if so how, or

(d) 30whether to discharge a public spaces protection order (under section
60),

must have particular regard to the rights of freedom of expression and freedom
of assembly set out in articles 10 and 11 of the Convention.

(2) In subsection (1) “Convention” has the meaning given by section 21(1) of the
35Human Rights Act 1998.

(3) A local authority must carry out the necessary consultation and the necessary
publicity, and the necessary notification (if any), before—

(a) making a public spaces protection order,

(b) extending the period for which a public spaces protection order has
40effect, or

(c) varying or discharging a public spaces protection order.

(4) In subsection (3)—

• “the necessary consultation” means consulting with—

  (a)

  the chief officer of police, and the local policing body, for the
  45police area that includes the restricted area;

  (b)

  whatever community representatives the local authority thinks
  it appropriate to consult;

  Anti-social Behaviour, Crime and Policing BillPage 42

  (c)

  the owner or occupier of land within the restricted area;

• “the necessary publicity” means—

  (a)

  in the case of a proposed order or variation, publishing the text
  of it;

  (b)

  5in the case of a proposed extension or discharge, publicising the
  proposal;

• “the necessary notification” means notifying the following authorities of
  the proposed order, extension, variation or discharge—

  (a)

  the parish council or community council (if any) for the area
  10that includes the restricted area;

  (b)

  in the case of a public spaces protection order made or to be
  made by a district council in England, the county council (if
  any) for the area that includes the restricted area.

(5) The requirement to consult with the owner or occupier of land within the
15restricted area—

(a) does not apply to land that is owned and occupied by the local
authority;

(b) applies only if, or to the extent that, it is reasonably practicable to
consult the owner or occupier of the land.

(6) 20In the case of a person or body designated under section 70, the necessary
consultation also includes consultation with the local authority which
(ignoring subsection (2) of that section) is the authority for the area that
includes the restricted area.

(7) In relation to a variation of a public spaces protection order that would increase
25the restricted area, the restricted area for the purposes of this section is the
increased area.

72 Guidance

(1) The Secretary of State may issue—

(a) guidance to local authorities about the exercise of their functions under
30this Chapter and those of persons authorised by local authorities under
section 62 or 67;

(b) guidance to chief officers of police about the exercise, by officers under
their direction or control, of those officers’ functions under this Part.

(2) The Secretary of State may revise any guidance issued under this section.

(3) 35The Secretary of State must arrange for any guidance issued or revised under
this section to be published.

73 Interpretation of Chapter 2

(1) In this Chapter—

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

• 40“community representative”, in relation to a public spaces protection
  order that a local authority proposes to make or has made, means any
  individual 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—

  Anti-social Behaviour, Crime and Policing BillPage 43

  (a)

  in relation to England, a district council, a county council for an
  area for which there is no district council, a London borough
  council, the Common Council of the City of London (in its
  capacity as a local authority) or the Council of the Isles of Scilly;

  (b)

  5in relation to Wales, a county council or a county borough
  council;

• “public place” means 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;

• 10“restricted area” has the meaning given by section 58(4).

(2) For the purposes of this Chapter, a public spaces protection order “regulates”
an activity if the activity is—

(a) prohibited by virtue of section 58(4)(a), or

(b) subjected to requirements by virtue of section 58(4)(b),

15whether or not for all persons and at all times.

74 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
20day;

(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
25(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) 30this 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.

This Part, as it applies by virtue of paragraph (a), has effect with any necessary
35modifications (and with any modifications specified in an order under section
182(7)).

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

CHAPTER 3 Closure of premises associated with nuisance or disorder etc

Closure notices

75 Power to issue closure notices

(1) A police officer of at least the rank of inspector, or the local authority, may issue
5a closure notice if satisfied on reasonable grounds—

(a) that 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,

10and that the notice is necessary to prevent the nuisance or disorder from
continuing, 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 76.

15For the maximum period, see section 76.

(3) A 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) 20in all circumstances, or in all circumstances except those specified.

(4) A 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) 25A closure notice must—

(a) identify 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 79 for a closure
30order;

(e) specify 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
35legal matters.

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

(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
40has an interest in them,

that the notice is going to be issued.

(7) Before 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
5premises in relation to which a closure notice may not be issued.

76 Duration 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) 10if, in the case of a notice issued by a police officer, the officer is of at least
the 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) 15In calculating when the period of 48 hours ends, Christmas Day is to be
disregarded.

(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
20is issued by an officer of at least the rank of superintendent, or

(b) if, 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) 25An extension notice is a notice which—

(a) identifies 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
30Local Government and Housing Act 1989.

77 Cancellation 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 75(1), either—

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

(b) 35as 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) 40In 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
45to 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 76(2)(b),

5must 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 76(2)(b)).

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

(a) 10issued by a local authority, and

(b) extended under section 76(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) 15In 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 76(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
20under section 76(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.

78 Service of notices

(1) A closure notice, an extension notice, a cancellation notice or a variation notice
25must be served by—

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

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

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

(a) 30fix 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 representative 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
35constable or representative 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
75(6)) that the notice was going to be issued.

(3) 40If the constable or local authority representative 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 79, the
constable or representative must also if possible serve the notice on those
45persons.

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

(5) In this section “representative”, in relation to a local authority, means—

(a) 5an employee of the authority, or

(b) a person, or employee or a person, acting on behalf of the authority.

Closure orders

79 Power of court to make closure orders

(1) Whenever a closure notice is issued an application must be made to a
10magistrates’ court for a closure order (unless the notice has been cancelled
under section 77).

(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
15by 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) 20The 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
25likely 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) 30A closure order is an order prohibiting access to the premises for a period
specified in the order.

The period may not exceed 3 months.

The period may not exceed 3 months.

(7) A closure order may prohibit access—

(a) 35by 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) 40may 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.

80 Temporary orders

(1) This section applies where an application has been made to a magistrates’
court under section 79 for a closure order.

(2) If the court does not make a closure order it may nevertheless order that the
5closure 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
continued) is likely soon to result, in nuisance to members of the public,
or

(b) 10that 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,

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

(3) 15The 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) the person with control of or responsibility for the premises, or

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

20to 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.

81 Extension of closure orders

(1) At any time before the expiry of a closure order, an application may be made
25to 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) where the closure order was made on the application of a constable, a
police officer of at least the rank of inspector;

(b) 30where 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
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) 35disorderly, 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,

and also satisfied that the appropriate consultee has been consulted about the
40intention 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) any person on whom the closure notice was served under section 78, or

(b) any other person who appears to the justice to have an interest in the
5premises but on whom the closure notice was not served,

requiring the person 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 the persons to whom
10the 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
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
15more than 6 months.

82 Discharge 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 the order to be discharged.

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

(a) 20a 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 78;

(d) 25anyone 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
30appropriate 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) 35the 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) 40a 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
45place of the hearing of the application must be served on—