Anti-Social Behaviour | Closure Notices and Closure Orders
We provide advice and legal representation to individuals and businesses facing Closure Notices and Closure Orders issued by the Police or a local authority on the grounds of anti-social behaviour.
In this article Sukhdip Randhawa of KANGS explains:
- the wide spectrum of activity that can be categorised as anti-social behaviour,
- when Closure Notices and Closure Orders can be issued and the strict procedure that must be followed, and
- the option available to individuals and businesses served with Closure Notices or Closure Orders and how KANGS can assist you in such circumstances.
What is Anti-social Behaviour in the context of Closure Notices and Closure Orders?
Anti-social behaviour is conduct which has caused, or is likely to cause, harassment, alarm or distress to any person. It can take many forms, ranging from threatening behaviour by one or more individuals to the improper use of premises for drug cultivation or the sale of fake products.
Examples of preventative action taken by the authorities include obtaining a Closure Order against shops known for selling nitrous oxide and counterfeit cigarettes, and a Dispersal Order which was recently put in place in Walsall to disperse a group of young people from the town centre following reports of disorder.
The rise in anti-social behaviour faced by the Police and local authorities often requires them to resort to one or more of the enforcement measures which are available, including:
- a Civil Injunction, which is a civil power to restrain an individual’s unsociable behaviour and to set a clear standard of behaviour.
- a Criminal Behaviour Order can be applied for following a conviction for any criminal offence.
- Dispersal powers, a person or persons to leave a specific location for up to forty -eight hours.
- a Community Protection Notice which stops a person aged sixteen or over, a business or organisation committing anti-social behaviour, which spoils the community’s quality of life.
Additionally, the Anti-social Behaviour, Crime and Policing Act 2014 (‘The Act’), enables the Police or local authority to close premises through Closure Notices and Closure Orders to prevent anti-social behaviour, public nuisance and disorder. There are numerous reasons why properties may become the focus of anti-social behaviour, including situations where criminal gangs take over the home of a vulnerable person and use it as a base for drug dealing or storing weapons.
Closure Notices
The Act provides as follows
S. 76 Power to issue closure notices
A Police Officer of at least the rank of Inspector, or a local authority, may issue a Closure Notice if satisfied on reasonable grounds that:
- the use of particular premises has resulted, or is likely soon to result, in nuisance to members of the public, or
- there has been, or 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 continuing, recurring or occurring.
A Closure Notice prohibits access to the premises for a specified period and may prohibit access:
- by all persons except those specified or falling within a specified description,
- at all times, save for any specified exceptions,
- in all circumstances, save for any specified exceptions.
A Closure Notice may not prohibit access by:
- people who habitually live on the premises, or
- the owner of the premises,
and accordingly, such people must be specified in the Notice.
Information required in a Closure Notice
A Closure Notice must:
- identify the premises,
- explain the effect of a Notice and subsequent Closure Order,
- set the consequences of failure to comply,
- confirm when and where an application will be made for a Closure Order.
The duration of a Closure Notice is twenty -four hours unless specific requirements are stipulated in the Notice enabling that period to be extended to forty-eight hours.
Closure Orders
Whenever a Closure Notice is issued, an application must be made to a Magistrates’ Court for a Closure Order, unless it is subsequently decided to withdraw the Notice.
The Act provides:
S. 80 Power of Court to make Closure Orders
An application for a Closure Order must be made by:
- a constable if it was issued by a Police Officer or
- the issuing authority.
The application must be heard by the Magistrates’ Court not later than forty- eight hours after service of the Closure Notice.
The Court may make a Closure Order if it is satisfied that:
- a person has engaged, or is likely to engage, in disorderly, offensive or criminal behaviour on the premises, or
- the use of the premises has resulted, or is likely to result, in serious nuisance to
- there has been, or 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.
As with the Closure Notice, the Closure Order must specify the relevant terms and the period for which it is valid.
On the expiry of a Closure Order, the relevant police force or authority may apply for an extension if satisfied that it is necessary to prevent the occurrence, recurrence or continuance of:
- disorderly, offensive or criminal behaviour on the premises,
- serious nuisance to members of the public resulting from the use of the premises, or
- disorder near the premises associated with the use of the premises.
How We Can Assist
The receipt of a Closure Notice, and a subsequent Closure Order, can have an immediate detrimental impact such as loss of accommodation and access to business premises.
However, the receipt of such a Notice or Order cannot be disregarded simply because it is inconvenient. It is a criminal offence to re-enter or take possession of premises subjected to a Closure Notice or Order and doing so may result in a heavy fine or even imprisonment for up to fifty -one weeks.
It is possible to appeal against and challenge a Closure Order, but to do so effectively, it is essential to seek experienced legal guidance and advice.
At KANGS, we have a team of experienced litigators, who possess in-depth knowledge and the experience needed to provide the best possible support to our clients in formally responding to and challenging Closure Notices and Closure Orders.
Our team would be delighted to assist you, please contact us on the details below:
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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