Draft Anti-social Behaviour Bill: Premises Closure Powers

Update March 2014: The Anti-social Behaviour, Crime and Policing Act 2014 received Royal Assent on 13 March 2014.
 


Draft Anti-social Behaviour Bill: Premises Closure Powers

The Home Office has today published a consultation on the draft Anti-social Behaviour Bill.  Chapter 3 of the draft Bill introduces new closure powers where the use of that premises is causing nuisance to members of the public or where there is, or likely to be, disorder near the premises associated with the operation of the premises.

The effect of the closure notice would be to prohibit access to the premises for the duration of period stipulated in the notice (between 24-48 hours).

The proposed process in brief:

Before issuing the Notice, the Police or Local Authority must consult any person or agency they consider appropriate.

Within 24 hours of the Notice being issued it mus be signed off by an officer of at least superintendent rank either the Chief Executive of a Local Authority. Sign off would extend the notice to a maximum of 48 hours.

If the closure notice is not cancelled within the specified time period, an application must be made to the the Magistrates' Court for a Closure Order. The Magistrates' Court can make a Closure Order for a maximum period of three months.

Breach of the Order, without reasonable excuse, will be a criminal offence. On summary conviction, a person would be liable to a fine not exceeding level five on the standard scale and/or up to three months imprisonment if in breach of a Notice and up to six months imprisonment if in breach of an Order. Organisations and businesses would be subject to a higher maximum fine of £20,000.

More on the Community Remedy consultation. Opens in a new Window