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Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance

248

 

Schedule 26

Section 145

 

Closure orders: premises associated with persistent disorder or nuisance

           

After Part 1 of the Anti-social Behaviour Act 2003 (c. 38) (premises where

drugs used unlawfully) insert the following Part.

“Part 1A

5

Premises associated with persistent disorder or nuisance

11A     

Part 1A closure notice

(1)   

This section applies to premises if a police officer not below the rank

of superintendent (“the authorising officer”) or the local authority

has reasonable grounds for believing—

10

(a)   

that at any time during the relevant period a person has

engaged in anti-social behaviour on the premises, and

(b)   

that the use of the premises is associated with significant and

persistent disorder or persistent serious nuisance to members

of the public.

15

(2)   

The authorising officer may authorise the issue of a Part 1A closure

notice in respect of the premises if the officer is satisfied—

(a)   

that the local authority has been consulted; and

(b)   

that reasonable steps have been taken to establish the identity

of any person who lives on the premises or who has control

20

of or responsibility for, or an interest in, the premises.

(3)   

The local authority may authorise the issue of a Part 1A closure

notice in respect of the premises if it is satisfied—

(a)   

that the appropriate chief officer has been consulted; and

(b)   

that reasonable steps have been taken to establish the identity

25

of any person who lives on the premises or who has control

of or responsibility for, or an interest in, the premises.

(4)   

An authorisation under subsection (2) or (3) may be given orally or

in writing, but if it is given orally the authorising officer or local

authority (as the case may be) must confirm it in writing as soon as it

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is practicable.

(5)   

A Part 1A closure notice must—

(a)   

give notice that an application will be made under

section 11B for the closure of the premises;

(b)   

state that access to the premises by any person other than a

35

person who habitually resides in the premises or the owner

of the premises is prohibited;

(c)   

specify the date and time when, and the place at which, the

application will be heard;

(d)   

explain the effects of an order made in pursuance of

40

section 11B;

(e)   

state that failure to comply with the notice amounts to an

offence; and

(f)   

give information about relevant advice providers.

 
 

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance

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(6)   

A Part 1A closure notice must be served by—

(a)   

a constable if its issue was authorised by the authorising

officer, or

(b)   

an employee of the local authority if its issue was authorised

by the authority.

5

(7)   

Service is effected by—

(a)   

fixing a copy of the notice to at least one prominent place on

the premises,

(b)   

fixing a copy of the notice to each normal means of access to

the premises,

10

(c)   

fixing a copy of the notice to any outbuildings which appear

to the server of the notice to be used with or as part of the

premises,

(d)   

giving a copy of the notice to at least one person who appears

to the server of the notice to have control of or responsibility

15

for the premises, and

(e)   

giving a copy of the notice to the persons identified in

pursuance of subsection (2)(b) or (3)(b) (as the case may be)

and to any other person appearing to the server of the notice

to be a person of a description mentioned in that provision.

20

(8)   

The Part 1A closure notice must also be served on any person who

occupies any other part of the building or other structure in which

the premises are situated if the server of the notice reasonably

believes, at the time of serving the notice under subsection (7), that

the person’s access to the other part of the building or structure will

25

be impeded if a Part 1A closure order is made under section 11B.

(9)   

A person acting under subsection (7) may enter any premises, using

reasonable force if necessary, for the purposes of complying with

subsection (7)(a).

(10)   

The Secretary of State may by regulations specify premises or

30

descriptions of premises to which this section does not apply.

(11)   

In this section—

“information about relevant advice providers” means

information about the names of, and means of contacting,

persons and organisations in the area that provide advice

35

about housing and legal matters;

“the relevant period” means the period of 3 months ending with

the day on which the authorising officer or the local authority

(as the case may be) considers whether to authorise the issue

of a Part 1A closure notice in respect of the premises.

40

11B     

Part 1A closure order

(1)   

If a Part 1A closure notice has been issued under section 11A an

application must be made under this section to a magistrates’ court

for the making of a Part 1A closure order.

(2)   

An application under subsection (1) must be made by—

45

(a)   

a constable if the issue of the Part 1A closure notice was

authorised by the authorising officer, or

 
 

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance

250

 

(b)   

the local authority if the issue of the Part 1A closure notice

was authorised by the authority.

(3)   

The application must be heard by the magistrates’ court not later

than 48 hours after the notice was served in pursuance of section

11A(7)(a).

5

(4)   

The magistrates’ court may make a Part 1A closure order if and only

if it is satisfied that each of the following paragraphs applies—

(a)   

a person has engaged in anti-social behaviour on the

premises in respect of which the Part 1A closure notice was

issued;

10

(b)   

the use of the premises is associated with significant and

persistent disorder or persistent serious nuisance to members

of the public;

(c)   

the making of the order is necessary to prevent the

occurrence of such disorder or nuisance for the period

15

specified in the order.

(5)   

A Part 1A closure order is an order that the premises in respect of

which the order is made are closed to all persons for such period (not

exceeding 3 months) as is specified in the order.

(6)   

But the order may include such provision as the court thinks

20

appropriate relating to access to any part of the building or structure

of which the premises form part.

(7)   

The magistrates’ court may adjourn the hearing on the application

for a period of not more than 14 days to enable—

(a)   

the occupier of the premises,

25

(b)   

the person who has control of or responsibility for the

premises, or

(c)   

any other person with an interest in the premises,

   

to show why a Part 1A closure order should not be made.

(8)   

If the magistrates’ court adjourns the hearing under subsection (7) it

30

may order that the Part 1A closure notice continues in effect until the

end of the period of the adjournment.

(9)   

A Part 1A closure order may be made in respect of the whole or any

part of the premises in respect of which the Part 1A closure notice

was issued.

35

11C     

Part 1A closure order: enforcement

(1)   

This section applies if a magistrates’ court makes an order under

section 11B.

(2)   

A relevant person may—

(a)   

enter the premises in respect of which the order is made;

40

(b)   

do anything reasonably necessary to secure the premises

against entry by any person.

(3)   

A person acting under subsection (2) may use reasonable force.

(4)   

But a relevant person seeking to enter the premises for the purposes

of subsection (2) must, if required to do so by or on behalf of the

45

 
 

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance

251

 

owner, occupier or other person in charge of the premises, produce

evidence of his identity and authority before entering the premises.

(5)   

A relevant person may also enter the premises at any time while the

order has effect for the purpose of carrying out essential maintenance

of or repairs to the premises.

5

(6)   

In this section “a relevant person”—

(a)   

in relation to premises in respect of which a police Part 1A

closure order has effect, means a constable or a person

authorised by the appropriate chief officer;

(b)   

in relation to premises in respect of which a local authority

10

Part 1A closure order has effect, means a person authorised

by the local authority.

11D     

Closure of premises associated with persistent disorder or nuisance:

offences

(1)   

A person who remains on or enters premises in contravention of a

15

Part 1A closure notice commits an offence.

(2)   

A person who—

(a)   

obstructs a person acting under section 11A(7) or 11C(2),

(b)   

remains on closed premises, or

(c)   

enters closed premises,

20

   

commits an offence.

(3)   

A person guilty of an offence under this section is liable on summary

conviction—

(a)   

to imprisonment for a period not exceeding 51 weeks, or

(b)   

to a fine not exceeding level 5 on the standard scale,

25

   

or to both.

(4)   

A person who has a reasonable excuse for entering or being on the

premises does not commit an offence under subsection (1) or (2)(b)

or (c) (as the case may be).

(5)   

In relation to an offence committed before the commencement of

30

section 281(5) of the Criminal Justice Act 2003, the reference in

subsection (3)(a) to 51 weeks is to be read as a reference to 6 months.

11E     

Part 1A closure order: extension and discharge

(1)   

At any time before the end of the period for which a Part 1A closure

order is made or extended, a complaint may be made by—

35

(a)   

a constable if the order is a police Part 1A closure order, or

(b)   

the local authority if the order is a local authority Part 1A

closure order,

   

to a justice of the peace for an extension or further extension of the

period for which the order has effect.

40

(2)   

A complaint may not be made under subsection (1) in relation to a

police Part 1A closure order unless the complaint is authorised by a

police officer not below the rank of superintendent—

(a)   

who has reasonable grounds for believing that it is necessary

to extend the period for which the order has effect for the

45

purpose of preventing the occurrence of significant and

 
 

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance

252

 

persistent disorder or persistent serious nuisance to members

of the public, and

(b)   

who is satisfied that the local authority has been consulted

about the intention to make the complaint.

(3)   

A complaint may not be made under subsection (1) in relation to a

5

local authority Part 1A closure order unless the local authority—

(a)   

has reasonable grounds for believing that it is necessary to

extend the period for which the order has effect for the

purpose of preventing the occurrence of significant and

persistent disorder or persistent serious nuisance to members

10

of the public, and

(b)   

is satisfied that the appropriate chief officer has been

consulted about the intention to make the complaint.

(4)   

If a complaint is made to a justice of the peace under subsection (1),

the justice may issue a summons directed to—

15

(a)   

any person on whom the Part 1A closure notice relating to the

closed premises was served under subsection (7)(d) or (e) or

(8) of section 11A, or

(b)   

any other person who appears to the justice to have an

interest in the closed premises but on whom the Part 1A

20

closure notice was not served,

   

requiring such person to appear before the magistrates’ court to

answer to the complaint.

(5)   

If the court is satisfied that the order is necessary to prevent the

occurrence of significant and persistent disorder or persistent serious

25

nuisance to members of the public for a further period, it may make

an order extending the period for which the Part 1A closure order

has effect by a period not exceeding 3 months.

(6)   

But a Part 1A closure order must not have effect for more than 6

months.

30

(7)   

Any of the following persons may make a complaint to a justice of

the peace for an order that a Part 1A closure order is discharged—

(a)   

a constable if the Part 1A closure order is a police Part 1A

closure order;

(b)   

the local authority if the Part 1A closure order is a local

35

authority Part 1A closure order;

(c)   

a person on whom the Part 1A closure notice relating to the

closed premises was served under subsection (7)(d) or (e) or

(8) of section 11A;

(d)   

a person who has an interest in the closed premises but on

40

whom the Part 1A closure notice was not served.

(8)   

If a complaint is made under subsection (7)—

(a)   

in relation to a police Part 1A closure order, by a person other

than a constable, or

(b)   

in relation to a local authority Part 1A closure order, by a

45

person other than the local authority,

   

the justice may issue a summons directed to such constable as the

justice thinks appropriate or to the local authority (as the case may

 
 

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance

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be) requiring the constable or authority to appear before the

magistrates’ court to answer to the complaint.

(9)   

The court may not make an order discharging a Part 1A closure order

unless it is satisfied that the Part 1A closure order is no longer

necessary to prevent the occurrence of significant and persistent

5

disorder or persistent serious nuisance to members of the public.

(10)   

If a summons is issued in accordance with subsection (4) or (8), a

notice stating the date, time and place at which the complaint will be

heard must be served on—

(a)   

if the summons is issued under subsection (4), the persons to

10

whom it is directed;

(b)   

if the summons is issued under subsection (8), the persons

mentioned in subsection (7)(c) and (d) (other than the

complainant);

(c)   

if the complaint relates to a police Part 1A closure order, such

15

constable as the justice thinks appropriate (unless a constable

is the complainant);

(d)   

if the complaint relates to a local authority Part 1A closure

order, the local authority (unless it is the complainant).

11F     

Part 1A closure order: appeals

20

(1)   

This section applies to—

(a)   

an order under section 11B or 11E;

(b)   

a decision by a court not to make an order under either of

those sections.

(2)   

An appeal against an order or decision to which this section applies

25

must be brought to the Crown Court before the end of the period of

21 days beginning with the day on which the order or decision is

made.

(3)   

An appeal against an order under section 11B or 11E(5) may be

brought by—

30

(a)   

a person on whom the Part 1A closure notice relating to the

closed premises was served under section 11A(7)(d) or (e), or

(b)   

a person who has an interest in the closed premises but on

whom the Part 1A closure notice was not served.

(4)   

An appeal against the decision of a court not to make such an order

35

may be brought by—

(a)   

a constable if the Part 1A closure order is (or, if made, would

have been) a police Part 1A closure order, or

(b)   

the local authority if the Part 1A closure order is (or, if made,

would have been) a local authority Part 1A closure order.

40

(5)   

On an appeal under this section the Crown Court may make such

order as it thinks appropriate.

11G     

Part 1A closure order: access to other premises

(1)   

This section applies to any person who occupies or owns any part of

a building or structure—

45

(a)   

in which closed premises are situated, and

 
 

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance

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(b)   

in respect of which the Part 1A closure order does not have

effect.

(2)   

A person to whom this section applies may, at any time while a Part

1A closure order has effect, apply to—

(a)   

the magistrates’ court in respect of an order made under

5

section 11B or 11E, or

(b)   

the Crown Court in respect of an order made under section

11F.

(3)   

If an application is made under this section notice of the date, time

and place of the hearing to consider the application must be given

10

to—

(a)   

such constable as the court thinks appropriate;

(b)   

the local authority;

(c)   

any person on whom the Part 1A closure notice relating to the

closed premises was served under subsection (7)(d) or (e) or

15

(8) of section 11A; and

(d)   

any person who has an interest in the closed premises but on

whom the Part 1A closure notice was not served.

(4)   

On an application under this section the court may make such order

as it thinks appropriate in relation to access to any part of a building

20

or structure in which closed premises are situated.

(5)   

It is immaterial whether any provision has been made as mentioned

in section 11B(6).

11H     

Part 1A closure order: reimbursement of costs

(1)   

A police authority or a local authority which incurs expenditure for

25

the purpose of clearing, securing or maintaining the premises in

respect of which a Part 1A closure order has effect may apply to the

court which made the order for an order under this section.

(2)   

On an application under this section the court may make such order

as it thinks appropriate in the circumstances for the reimbursement

30

(in full or in part) by the owner of the premises of the expenditure

mentioned in subsection (1).

(3)   

But an application for an order under this section must not be

entertained unless it is made before the end of the period of 3 months

starting with the day the Part 1A closure order ceases to have effect.

35

(4)   

An application under this section must be served on—

(a)   

the police authority for the area in which the premises are

situated if the application is made by the local authority;

(b)   

the local authority if the application is made by a police

authority; and

40

(c)   

the owner of the premises.

11I     

Part 1A closure notice or order: exemption from liability

(1)   

A constable is not liable for relevant damages in respect of anything

done or omitted to be done by the constable in the performance or

purported performance of functions under this Part.

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