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Closure of unlicensed premises |
| Closure notices. |
21. - (1) Where a constable is satisfied that any premises are being used for the unlicensed sale of intoxicating liquor for consumption on, or in the vicinity of, the premises, he may serve under subsection (3) a notice in respect of the premises.
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(2) Where a local authority is satisfied that any premises in the area of the authority are being used for the unlicensed sale of intoxicating liquor for consumption on, or in the vicinity of, the premises, the authority may serve under subsection (3) a notice in respect of the premises.
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(3) A notice under subsection (1) or (2) ("a closure notice") shall be served by the constable or local authority concerned on a person having control of, or responsibility for, the activities being carried on at the premises within the period of 24 hours beginning with the time at which the constable or local authority concerned is satisfied as mentioned in subsection (1) or (as the case may be) subsection (2).
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(4) A closure notice shall also be served by the constable or local authority concerned on any person occupying another part of any building or other structure of which the premises form part if the constable or (as the case may be) the local authority concerned reasonably believes, at the time of serving notice under subsection (3), that the person's access to the other part of the building or other structure would be impeded if an order under section 23 providing for the closure of the premises were made.
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(5) A closure notice may also be served by a constable or the local authority concerned on-
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(a) any other person having control of, or responsibility for, the activities being carried on at the premises; |
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(b) any person who has an interest in the premises. |
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(6) A closure notice shall-
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(a) specify the alleged use of the premises and the grounds on which the constable or (as the case may be) the local authority concerned is satisfied as mentioned in subsection (1) or (as the case may be) subsection (2); |
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(b) state the effect of section 22; and |
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(c) specify the steps which may be taken to ensure that the alleged use of the premises ceases. |
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(7) A closure notice served by a constable or local authority may be cancelled by a notice of cancellation served by a constable or (as the case may be) the local authority concerned.
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(8) Any such notice of cancellation shall have effect as soon as it is served by a constable or (as the case may be) the authority concerned on at least one person on whom the closure notice was served.
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(9) The constable or (as the case may be) the local authority concerned shall also serve the notice of cancellation on any other person on whom the closure notice was served.
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(10) For the purposes of subsections (3) and (5) a person having control of, or responsibility for, the activities being carried on at the premises includes a person who-
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(a) derives or seeks to derive profit from the carrying on of the activities; |
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(b) manages the activities; |
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(c) employs any person to manage the activities; or |
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(d) is involved in the conduct of the activities. |
| Applications for closure orders. |
22. - (1) Where a closure notice has been served under section 21(3), a constable or (as the case may be) the local authority concerned may make a complaint to a justice of the peace acting for the petty sessions area in which the premises are situated for an order under section 23 (a "closure order").
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(2) A complaint under subsection (1) shall be made not less than seven days, and not more than six months, after the service of the closure notice under section 21(3).
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(3) No complaint shall be made under subsection (1) if the constable or (as the case may be) the local authority is satisfied that-
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(a) the use of the premises for the unlicensed sale of intoxicating liquor for consumption on, or in the vicinity of, the premises has ceased; and |
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(b) there is no reasonable likelihood that the premises will be so used in the future. |
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(4) Where a complaint has been made to a justice of the peace under subsection (1), the justice may issue a summons to answer to the complaint.
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(5) The summons shall be directed to-
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(a) the person on whom the closure notice was served under section 21(3); and |
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(b) any other person on whom the closure notice was served under section 21(5)(a). |
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(6) Where a summons is served in accordance with subsections (4) and (5), a notice stating the date, time and place at which the complaint will be heard shall be served on all persons on whom the closure notice was served under section 21(4) and (5)(b).
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(7) The procedure on a complaint for a closure order shall (except as otherwise provided) be in accordance with the Magistrates' Courts Act 1980.
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| Closure orders. |
23. - (1) On hearing a complaint made under section 22(1), the court may make such order as it considers appropriate if it is satisfied that-
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(a) the closure notice was served under section 21(3); and |
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(b) the premises continue to be used for the unlicensed sale of intoxicating liquor for consumption on, or in the vicinity of, the premises or there is a reasonable likelihood that the premises will be so used in the future. |
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(2) An order under this section may, in particular, require-
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(a) the premises in respect of which the closure notice was served to be closed immediately to the public and to remain closed until a constable or (as the case may be) the local authority concerned makes a certificate under section 24(1); |
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(b) the use of the premises for the unlicensed sale of intoxicating liquor for consumption on, or in the vicinity of, the premises to be discontinued immediately; |
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(c) any defendant to pay into court such sum as the court determines and that the sum will not be released by the court to that person until the other requirements of the order are met. |
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(3) An order of the kind mentioned in subsection (2)(a) may, in particular, include such conditions as the court considers appropriate relating to-
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(a) the admission of persons onto the premises; |
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(b) the access by persons to another part of any building or other structure of which the premises form part. |
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(4) The complainant shall, as soon as practicable after the making of an order under this section, give notice of the order by fixing a copy of it in a conspicuous position on the premises in respect of which it was made.
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(5) A sum which has been ordered to be paid into court under this section shall be paid to the justices' chief executive for the court.
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| Termination of closure orders by constable or local authority. |
24. - (1) Where a closure order has been made, a constable or (as the case may be) the local authority concerned may make a certificate to the effect that the constable or (as the case may be) the authority is satisfied that the need for the order has ceased.
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(2) Where such a certificate has been made, the closure order shall cease to have effect.
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(3) Where a closure order containing provision of the kind mentioned in section 23(2)(c) ceases to have effect by virtue of the making of a certificate under subsection (1), any sum paid into court by a defendant under the order shall be released by the court.
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(4) Subject to this, a closure order may include such provision as the court considers appropriate for dealing with any consequences which would arise if the order were to cease to have effect by virtue of the making of a certificate under subsection (1).
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(5) The constable or (as the case may be) the local authority concerned shall, as soon as practicable after the making of a certificate under subsection (1)-
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(a) serve a copy of it on the person against whom the closure order has been made and the justices' chief executive for the court which made the order; and |
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(b) fix a copy of it in a conspicuous position on the premises in respect of which the order was made. |
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(6) The constable or (as the case may be) the local authority concerned shall also serve a copy of the certificate on any person who requests such a copy.
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| Discharge of closure orders by the court. |
25. - (1) Where a closure order has been made-
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(a) any person on whom the closure notice concerned was served under section 21; or |
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(b) any person who has an interest in the premises in respect of which the closure order was made but on whom no closure notice was served, |
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may make a complaint to a justice of the peace acting for the petty sessions area in which the premises are situated for an order that the closure order be discharged.
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(2) The court may not make an order under subsection (1) unless it is satisfied that the need for the closure order has ceased.
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(3) Where a complaint has been made to a justice of the peace under subsection (1), the justice may issue a summons directed to such constable as he considers appropriate or (as the case may be) the local authority concerned requiring that person to appear before the magistrates' court to answer to the complaint.
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(4) Where a summons is served in accordance with subsection (3), a notice stating the date, time and place at which the complaint will be heard shall be served on all persons on whom the closure notice concerned was served under section 21 (other than the complainant).
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(5) The procedure on a complaint for an order under this section shall (except as otherwise provided) be in accordance with the Magistrates' Courts Act 1980.
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| Appeals. |
26. - (1) An appeal against a closure order, an order under section 25(1) or a decision not to make an order under section 25(1) may be brought to the Crown Court at any time before the end of the period of 21 days beginning with the day on which the order or (as the case may be) the decision was made.
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(2) An appeal under this section against a closure order may be brought by-
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(a) any person on whom the closure notice concerned was served under section 21; or |
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(b) any person who has an interest in the premises in respect of which the closure order was made but on whom no closure notice was so served. |
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(3) On an appeal under this section the Crown Court may make such order as it considers appropriate.
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