Police Licensing Resources

Licensing Resource Police Resources

This page aims to provide Police officers with licensing help, advice and guidance. The content of this page provides help, advice and guidance on a broad range of licenses which Police officers have powers to act upon.  Please note, this page does not intend to provide any form of legal advice and actions should not be undertaken unless legal advice has been sought.

 

Find Information On:

 


 

Licensing Act 2003 (Alcohol/Entertainment/Late Night Refreshment)

 

Closure Powers - Crime & Disorder

 

Orders to Close Premises in an Area Experiencing Disorder (relates to a larger geographical area)

 

 


Closure Orders for Identified Premises (relates to individual premises)

 

 

s.161- Closure orders for identified premises, s.162 - Extension of closure order, s.163 - Cancellation of closure order, s.164 - Application to  magistrates' court by police, s.165 - Consideration of closure order by magistrates' court, s.166 - Appeal from decision of magistrates' court, s.167- Review of premises   licence following closure order, s.168- Provision about decisions under section, s.169- Enforcement of closure order, s.170- Exemption of police from liability for damages.

 

Further Informaiton:

Closure orders under s.161 of the Licensing Act 2003 result in an instant closure and are issued without court involvement. These relate to individual premises.  This power is used where disorder is actually taking place, is likely to break out or is likely to do so imminently. The disorder must relate to a specific identified premises, and be occurring on or in its vicinity. It will be for the courts to decide after the event whether these tests were met. A s.161 order automatically results in a review of the full licence by the Licensing Authority.

 


Closure Powers - Serious Crime & Disorder

 

 

s.1.Closure notice, s.2.Closure order, s.3.Closure order: enforcement, s.4.Closure of premises: offences, s.5.Extension and discharge of closure order, s.6.Appeals, s.7.Access to other premises, s.8.Reimbursement of costs, s.9.Exemption from liability for certain damages, s.10.Compensation.

 

Further Information:

Grants the police the power to close down premises being used for the supply, use or production of Class A drugs where there is associated serious nuisance or disorder. Service of a notice temporarily closes the premises to all of the public except the owner or those who habitually reside there, until a magistrates’ court decides whether to make a closure order. The court must consider the notice within 48 hours. If it is satisfied the relevant conditions are met, the court can make a closure order which closes the premises altogether for a period of up to 3 months, with possible extension to a maximum of 6 months.

 


Closure Powers - Noise Nuisance

 

 

s.161- Closure orders for identified premises, s.162 - Extension of closure order, s.163 - Cancellation of closure order, s.164 - Application to  magistrates' court by police, s.165 - Consideration of closure order by magistrates' court, s.166 - Appeal from decision of magistrates' court, s.167- Review of premises   licence following closure order, s.168- Provision about decisions under section, s.169- Enforcement of closure order, s.170- Exemption of police from liability for damages.

 

Further Information:

Section 161 orders can be made to close premises causing a noise nuisance.

 


Closure Powers - Unathorised Activities

 

 

Further Information:

A constable or a local authority to serve a “closure notice” on any premises where they are satisfied that the premises are being, or within the last 24 hours have been, used for the sale of alcohol for consumption on or in the vicinity of the premises without a alcohol permises licence.

 

Further documents and information:

 


Scrap Metal Dealers

 

Scrap Metal Dealers Act 2013

 

Further documents and information:

 


Gambling Act 2005

  • s.64 Use of children in enforcement operations
  • s.108 Production of licence
  • s.134 Production of licence
  • s.185 Availability of licence
  • s.229 Availability of notice
  • s.305 Compliance
  • S.306 Suspected offence
  • Powers and procedure s.317 Powers s.318 Dwellings s.319 Records s.320 Timing s.321 Evidence of authorisation s.322 Information s.323 Use of force s.324 Person accompanying inspector, &c. s.325 Securing premises after entry s.326 Obstruction

 


Sex Establishments

 

Powers of constables and local authority officers

s.24 If a constable has reasonable cause to suspect that a person has committed an offence under paragraph 20 or 23 above, he may require him to give his name and address, and if that person refuses or fails to do so, or gives a name or address which the constable reasonably suspects to be false, the constable may arrest him without warrant.

 

s.25(1) A constable may, at any reasonable time, enter and inspect any sex establishment in respect of which a licence under this Schedule is for the time being in force, with a view to seeing—

(i) whether the terms, conditions or restrictions on or subject to which the licence is held are complied with;

(ii) whether any person employed in the business of the establishment is disqualified from holding a licence under this Schedule;

(iii) whether any person under 18 years of age is in the establishment; and

(iv) whether any person under that age is employed in the business of the establishment.

 

(2) Subject to sub-paragraph (4) below, a constable may enter and inspect a sex establishment if he has reason to suspect that an offence under paragraph 20, 21 or 23 above has been, is being, or is about to be committed in relation to it.

 

(3) An authorised officer of a local authority may exercise the powers conferred by sub-paragraphs (1) and (2) above in relation to a sex establishment in the local authority’s area.

 

(4) No power conferred by sub-paragraph (2) above may be exercised by a constable or an authorised officer of a local authority unless he has been authorised to exercise it by a warrant granted by a justice of the peace.

 

(5) Where an authorised officer of a local authority exercises any such power, he shall produce his authority if required to do so by the occupier of the premises or the person in charge of the vehicle, vessel or stall in relation to which the power is exercised.

 

(6) Any person who without reasonable excuse refuses to permit a constable or an authorised officer of a local authority to exercise any such power shall be guilty of an offence and shall for every such refusal be liable on summary conviction to a fine not exceeding level 5 on the standard scale. Para 24 & 25 Sch 3 Local Government (Miscellaneous Provisions) Act 1982

 


Taxi & Private Hire Vehicles/Drivers/Operators

 

s.53(3) The driver of any hackney carriage or of any private hire vehicle licensed by a district council shall at the request of any authorised officer of the council or of any constable produce for inspection his driver’s licence either forthwith or—


(a) in the case of a request by an authorised officer, at the principal offices of the council before the expiration of the period of five days beginning with the day following that on which the request is made;
(b) in the case of a request by a constable, before the expiration of the period aforesaid at any police station which is within the area of the council and is nominated by the driver when the request is made.


(4) If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence. Section 53 Local Government (Miscellaneous Provisions) Act 1976

 

s.56 (2) Every person to whom a licence in force under section 55 of this Act (Operators of private hire vehicles) has been granted by a district council shall keep a record in such form as the council may, by condition attached to the grant of the licence, prescribe and shall enter therein, before the commencement of each journey, such particulars of every booking of a private hire vehicle invited or accepted by him, whether by accepting the same from the hirer or by undertaking it at the request of another operator, as the district council may by condition prescribe and shall produce such record on request to any authorised officer of the council or to any constable for inspection.

s.56(3) Every person to whom a licence in force under section 55 of this Act has been granted by a district council shall keep such records as the council may, by conditions attached to the grant of the licence, prescribe of the particulars of any private hire vehicle operated by him and shall produce the same on request to any authorised officer of the council or to any constable for inspection.

 

s.56(4) A person to whom a licence in force under section 55 of this Act has been granted by a district council shall produce the licence on request to any authorised officer of the council or any constable for inspection. Section 56 Local Government (Miscellaneous Provisions) Act 1976

 

Return of identification plate or disc on revocation or expiry of licence etc.

s.58(2)(b) any authorised officer of the council or constable shall be entitled to remove and retain the said plate or disc from the said hackney carriage or private hire vehicle. Section 58 Local Government (Miscellaneous Provisions) Act 1976

 

s.68 Fitness of hackney carriages and private hire vehicles. Any authorised officer of the council in question or any constable shall have power at all reasonable times to inspect and test, for the purpose of ascertaining its fitness, any hackney carriage or private hire vehicle licensed by a district council, or any taximeter affixed to such a vehicle, and if he is not satisfied as to the fitness of the hackney carriage or private hire vehicle or as to the accuracy of its taximeter he may by notice in writing require the proprietor of the hackney carriage or private hire vehicle to make it or its taximeter available for further inspection and testing at such reasonable time and place as may be specified in the notice and suspend the vehicle licence until such time as such authorised officer or constable is so satisfied:

Provided that, if the authorised officer or constable is not so satisfied before the expiration of a period of two months, the said licence shall, by virtue of this section, be deemed to have been revoked and subsections (2) and (3) of section 60 of this Act shall apply with any necessary modifications.

 


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