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Closure orders: premises associated with persistent disorder or nuisance |
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| After Part 1 of the Anti-social Behaviour Act 2003 (c. 38) (premises where |
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drugs used unlawfully) insert the following Part. |
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Premises associated with persistent disorder or nuisance |
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11A | Part 1A closure notice |
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(1) | This section applies to premises if a police officer not below the rank |
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of superintendent (“the authorising officer”) or the local authority |
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has reasonable grounds for believing— |
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(a) | that at any time during the relevant period a person has |
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engaged in anti-social behaviour on the premises, and |
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(b) | that the use of the premises is associated with significant and |
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persistent disorder or persistent serious nuisance to members |
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(2) | The authorising officer may authorise the issue of a Part 1A closure |
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notice in respect of the premises if the officer is satisfied— |
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(a) | that the local authority has been consulted; and |
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(b) | that reasonable steps have been taken to establish the identity |
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of any person who lives on the premises or who has control |
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of or responsibility for, or an interest in, the premises. |
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(3) | The local authority may authorise the issue of a Part 1A closure |
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notice in respect of the premises if it is satisfied— |
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(a) | that the appropriate chief officer has been consulted; and |
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(b) | that reasonable steps have been taken to establish the identity |
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of any person who lives on the premises or who has control |
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of or responsibility for, or an interest in, the premises. |
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(4) | An authorisation under subsection (2) or (3) may be given orally or |
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in writing, but if it is given orally the authorising officer or local |
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authority (as the case may be) must confirm it in writing as soon as it |
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(5) | A Part 1A closure notice must— |
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(a) | give notice that an application will be made under |
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section 11B for the closure of the premises; |
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(b) | state that access to the premises by any person other than a |
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person who habitually resides in the premises or the owner |
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of the premises is prohibited; |
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(c) | specify the date and time when, and the place at which, the |
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application will be heard; |
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(d) | explain the effects of an order made in pursuance of |
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(e) | state that failure to comply with the notice amounts to an |
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(f) | give information about relevant advice providers. |
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(6) | A Part 1A closure notice must be served by— |
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(a) | a constable if its issue was authorised by the authorising |
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(b) | an employee of the local authority if its issue was authorised |
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(7) | Service is effected by— |
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(a) | fixing a copy of the notice to at least one prominent place on |
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(b) | fixing a copy of the notice to each normal means of access to |
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(c) | fixing a copy of the notice to any outbuildings which appear |
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to the server of the notice to be used with or as part of the |
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(d) | giving a copy of the notice to at least one person who appears |
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to the server of the notice to have control of or responsibility |
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(e) | giving a copy of the notice to the persons identified in |
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pursuance of subsection (2)(b) or (3)(b) (as the case may be) |
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and to any other person appearing to the server of the notice |
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to be a person of a description mentioned in that provision. |
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(8) | The Part 1A closure notice must also be served on any person who |
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occupies any other part of the building or other structure in which |
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the premises are situated if the server of the notice reasonably |
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believes, at the time of serving the notice under subsection (7), that |
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the person’s access to the other part of the building or structure will |
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be impeded if a Part 1A closure order is made under section 11B. |
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(9) | A person acting under subsection (7) may enter any premises, using |
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reasonable force if necessary, for the purposes of complying with |
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(10) | The Secretary of State may by regulations specify premises or |
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descriptions of premises to which this section does not apply. |
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“information about relevant advice providers” means |
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information about the names of, and means of contacting, |
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persons and organisations in the area that provide advice |
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about housing and legal matters; |
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“the relevant period” means the period of 3 months ending with |
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the day on which the authorising officer or the local authority |
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(as the case may be) considers whether to authorise the issue |
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of a Part 1A closure notice in respect of the premises. |
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11B | Part 1A closure order |
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(1) | If a Part 1A closure notice has been issued under section 11A an |
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application must be made under this section to a magistrates’ court |
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for the making of a Part 1A closure order. |
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(2) | An application under subsection (1) must be made by— |
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(a) | a constable if the issue of the Part 1A closure notice was |
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authorised by the authorising officer, or |
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(b) | the local authority if the issue of the Part 1A closure notice |
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was authorised by the authority. |
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(3) | The application must be heard by the magistrates’ court not later |
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than 48 hours after the notice was served in pursuance of section |
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(4) | The magistrates’ court may make a Part 1A closure order if and only |
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if it is satisfied that each of the following paragraphs applies— |
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(a) | a person has engaged in anti-social behaviour on the |
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premises in respect of which the Part 1A closure notice was |
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(b) | the use of the premises is associated with significant and |
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persistent disorder or persistent serious nuisance to members |
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(c) | the making of the order is necessary to prevent the |
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occurrence of such disorder or nuisance for the period |
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(5) | A Part 1A closure order is an order that the premises in respect of |
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which the order is made are closed to all persons for such period (not |
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exceeding 3 months) as is specified in the order. |
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(6) | But the order may include such provision as the court thinks |
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appropriate relating to access to any part of the building or structure |
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of which the premises form part. |
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(7) | The magistrates’ court may adjourn the hearing on the application |
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for a period of not more than 14 days to enable— |
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(a) | the occupier of the premises, |
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(b) | the person who has control of or responsibility for the |
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(c) | any other person with an interest in the premises, |
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| to show why a Part 1A closure order should not be made. |
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(8) | If the magistrates’ court adjourns the hearing under subsection (7) it |
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may order that the Part 1A closure notice continues in effect until the |
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end of the period of the adjournment. |
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(9) | A Part 1A closure order may be made in respect of the whole or any |
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part of the premises in respect of which the Part 1A closure notice |
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11C | Part 1A closure order: enforcement |
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(1) | This section applies if a magistrates’ court makes an order under |
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(2) | A relevant person may— |
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(a) | enter the premises in respect of which the order is made; |
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(b) | do anything reasonably necessary to secure the premises |
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against entry by any person. |
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(3) | A person acting under subsection (2) may use reasonable force. |
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(4) | But a relevant person seeking to enter the premises for the purposes |
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of subsection (2) must, if required to do so by or on behalf of the |
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owner, occupier or other person in charge of the premises, produce |
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evidence of his identity and authority before entering the premises. |
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(5) | A relevant person may also enter the premises at any time while the |
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order has effect for the purpose of carrying out essential maintenance |
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of or repairs to the premises. |
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(6) | In this section “a relevant person”— |
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(a) | in relation to premises in respect of which a police Part 1A |
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closure order has effect, means a constable or a person |
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authorised by the appropriate chief officer; |
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(b) | in relation to premises in respect of which a local authority |
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Part 1A closure order has effect, means a person authorised |
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11D | Closure of premises associated with persistent disorder or nuisance: |
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(1) | A person who remains on or enters premises in contravention of a |
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Part 1A closure notice commits an offence. |
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(a) | obstructs a person acting under section 11A(7) or 11C(2), |
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(b) | remains on closed premises, or |
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(c) | enters closed premises, |
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(3) | A person guilty of an offence under this section is liable on summary |
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(a) | to imprisonment for a period not exceeding 51 weeks, or |
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(b) | to a fine not exceeding level 5 on the standard scale, |
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(4) | A person who has a reasonable excuse for entering or being on the |
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premises does not commit an offence under subsection (1) or (2)(b) |
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or (c) (as the case may be). |
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(5) | In relation to an offence committed before the commencement of |
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section 281(5) of the Criminal Justice Act 2003, the reference in |
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subsection (3)(a) to 51 weeks is to be read as a reference to 6 months. |
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11E | Part 1A closure order: extension and discharge |
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(1) | At any time before the end of the period for which a Part 1A closure |
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order is made or extended, a complaint may be made by— |
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(a) | a constable if the order is a police Part 1A closure order, or |
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(b) | the local authority if the order is a local authority Part 1A |
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| to a justice of the peace for an extension or further extension of the |
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period for which the order has effect. |
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(2) | A complaint may not be made under subsection (1) in relation to a |
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police Part 1A closure order unless the complaint is authorised by a |
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police officer not below the rank of superintendent— |
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(a) | who has reasonable grounds for believing that it is necessary |
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to extend the period for which the order has effect for the |
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purpose of preventing the occurrence of significant and |
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persistent disorder or persistent serious nuisance to members |
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(b) | who is satisfied that the local authority has been consulted |
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about the intention to make the complaint. |
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(3) | A complaint may not be made under subsection (1) in relation to a |
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local authority Part 1A closure order unless the local authority— |
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(a) | has reasonable grounds for believing that it is necessary to |
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extend the period for which the order has effect for the |
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purpose of preventing the occurrence of significant and |
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persistent disorder or persistent serious nuisance to members |
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(b) | is satisfied that the appropriate chief officer has been |
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consulted about the intention to make the complaint. |
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(4) | If a complaint is made to a justice of the peace under subsection (1), |
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the justice may issue a summons directed to— |
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(a) | any person on whom the Part 1A closure notice relating to the |
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closed premises was served under subsection (7)(d) or (e) or |
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(b) | any other person who appears to the justice to have an |
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interest in the closed premises but on whom the Part 1A |
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closure notice was not served, |
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| requiring such person to appear before the magistrates’ court to |
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(5) | If the court is satisfied that the order is necessary to prevent the |
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occurrence of significant and persistent disorder or persistent serious |
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nuisance to members of the public for a further period, it may make |
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an order extending the period for which the Part 1A closure order |
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has effect by a period not exceeding 3 months. |
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(6) | But a Part 1A closure order must not have effect for more than 6 |
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(7) | Any of the following persons may make a complaint to a justice of |
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the peace for an order that a Part 1A closure order is discharged— |
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(a) | a constable if the Part 1A closure order is a police Part 1A |
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(b) | the local authority if the Part 1A closure order is a local |
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authority Part 1A closure order; |
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(c) | a person on whom the Part 1A closure notice relating to the |
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closed premises was served under subsection (7)(d) or (e) or |
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(d) | a person who has an interest in the closed premises but on |
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whom the Part 1A closure notice was not served. |
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(8) | If a complaint is made under subsection (7)— |
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(a) | in relation to a police Part 1A closure order, by a person other |
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(b) | in relation to a local authority Part 1A closure order, by a |
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person other than the local authority, |
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| the justice may issue a summons directed to such constable as the |
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justice thinks appropriate or to the local authority (as the case may |
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be) requiring the constable or authority to appear before the |
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magistrates’ court to answer to the complaint. |
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(9) | The court may not make an order discharging a Part 1A closure order |
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unless it is satisfied that the Part 1A closure order is no longer |
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necessary to prevent the occurrence of significant and persistent |
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disorder or persistent serious nuisance to members of the public. |
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(10) | If a summons is issued in accordance with subsection (4) or (8), a |
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notice stating the date, time and place at which the complaint will be |
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(a) | if the summons is issued under subsection (4), the persons to |
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(b) | if the summons is issued under subsection (8), the persons |
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mentioned in subsection (7)(c) and (d) (other than the |
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(c) | if the complaint relates to a police Part 1A closure order, such |
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constable as the justice thinks appropriate (unless a constable |
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(d) | if the complaint relates to a local authority Part 1A closure |
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order, the local authority (unless it is the complainant). |
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11F | Part 1A closure order: appeals |
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(1) | This section applies to— |
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(a) | an order under section 11B or 11E; |
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(b) | a decision by a court not to make an order under either of |
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(2) | An appeal against an order or decision to which this section applies |
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must be brought to the Crown Court before the end of the period of |
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21 days beginning with the day on which the order or decision is |
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(3) | An appeal against an order under section 11B or 11E(5) may be |
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(a) | a person on whom the Part 1A closure notice relating to the |
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closed premises was served under section 11A(7)(d) or (e), or |
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(b) | a person who has an interest in the closed premises but on |
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whom the Part 1A closure notice was not served. |
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(4) | An appeal against the decision of a court not to make such an order |
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(a) | a constable if the Part 1A closure order is (or, if made, would |
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have been) a police Part 1A closure order, or |
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(b) | the local authority if the Part 1A closure order is (or, if made, |
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would have been) a local authority Part 1A closure order. |
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(5) | On an appeal under this section the Crown Court may make such |
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order as it thinks appropriate. |
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11G | Part 1A closure order: access to other premises |
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(1) | This section applies to any person who occupies or owns any part of |
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(a) | in which closed premises are situated, and |
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(b) | in respect of which the Part 1A closure order does not have |
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(2) | A person to whom this section applies may, at any time while a Part |
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1A closure order has effect, apply to— |
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(a) | the magistrates’ court in respect of an order made under |
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(b) | the Crown Court in respect of an order made under section |
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(3) | If an application is made under this section notice of the date, time |
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and place of the hearing to consider the application must be given |
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(a) | such constable as the court thinks appropriate; |
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(c) | any person on whom the Part 1A closure notice relating to the |
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closed premises was served under subsection (7)(d) or (e) or |
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(d) | any person who has an interest in the closed premises but on |
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whom the Part 1A closure notice was not served. |
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(4) | On an application under this section the court may make such order |
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as it thinks appropriate in relation to access to any part of a building |
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or structure in which closed premises are situated. |
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(5) | It is immaterial whether any provision has been made as mentioned |
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11H | Part 1A closure order: reimbursement of costs |
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(1) | A police authority or a local authority which incurs expenditure for |
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the purpose of clearing, securing or maintaining the premises in |
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respect of which a Part 1A closure order has effect may apply to the |
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court which made the order for an order under this section. |
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(2) | On an application under this section the court may make such order |
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as it thinks appropriate in the circumstances for the reimbursement |
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(in full or in part) by the owner of the premises of the expenditure |
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mentioned in subsection (1). |
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(3) | But an application for an order under this section must not be |
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entertained unless it is made before the end of the period of 3 months |
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starting with the day the Part 1A closure order ceases to have effect. |
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(4) | An application under this section must be served on— |
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(a) | the police authority for the area in which the premises are |
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situated if the application is made by the local authority; |
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(b) | the local authority if the application is made by a police |
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(c) | the owner of the premises. |
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11I | Part 1A closure notice or order: exemption from liability |
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(1) | A constable is not liable for relevant damages in respect of anything |
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done or omitted to be done by the constable in the performance or |
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purported performance of functions under this Part. |
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