How do I get a closure order?
In order to seek a closure order a two stage process must be followed. The first stage involves the service of a Closure Notice. The second stage involves an application to the Magistrates’ Court for a Closure Order. The process is designed to provide immediate respite to communities affected by the problem premises.
How do I appeal a closure order?
An appeal can be brought against the decision to make or extend the Closure Order by any person on whom the notice was served, anyone with an interest in the premises, the Police or the Local Authority by appealing to the Crown Court within 21 days from the date of the decision in the Magistrates’ Court.
What is a closure order?
1 an order which may be made by a Senior Police Officer closing licensed premises. 2 an order which may be made by the magistrates court on an application by the police to close premises being used for the supply, use or production of Class A drugs where there is associated serious nuisance or disorder. …
How long do closure orders last?
A closure order can be made for a maximum of three months. However, the police or local authority can apply, before expiry of the original term, for an extension up to a (overall) maximum of six months.
Who can Authorise a closure notice?
The decision to issue a closure notice must be authorised by a senior police officer of superintendent rank or above (“the authorising officer”). 3.2 A closure notice may be authorised orally or in writing.
What is closure power?
The closure power is a fast, flexible power that can be used to protect victims and communities by quickly closing premises that are causing nuisance or disorder. Applying Authorities are: The local Council, and the Police. The process has two stages – the closure notice and the closure order.
How long can the police close a licensed premises?
Section 161 of the 2003 Act provides that a senior police officer of the rank of inspector or above may make an order closing individual premises covered by premises licences or a temporary event notice for up to 24 hours where disorder is taking place, or is likely to take place imminently or a nuisance is being …
When can a closure order be lifted?
Closure Order The Orders may be lifted when the premises has improved to the satisfaction of the authorised officer. Failure to comply with an Improvement Order may also result in the issuing of a Closure Order.
What is a civil injunction?
An injunction is an order of the court requiring a person to refrain from doing (prohibitory injunction), or to do, a particular act (mandatory injunction). It is normally the plaintiff who seeks an injunction although a defendant is not precluded from seeking an injunction on foot of a counterclaim.
When must a review of a premises Licence take place?
Other interested parties and responsible authorities then have this period of 28 consecutive days starting the day after the day on which the application was given to make representations about the review.
What is absolute ground for possession?
The purpose of the absolute ground for possession is to speed up the possession process in cases where anti social behaviour or criminality has already been proven by another court and removes the requirement to prove that it is reasonable to grant possession.
What does the term supply of alcohol mean?
The ‘supply of alcohol’ is given a wide definition2. It is defined as the sale by retail of alcohol3 or the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club4.
When to apply for a crack house closure order?
If a closure notice has been issued under section 1 a constable must apply under this section to a magistrates’ court for the making of a closure order. The application must be heard by the magistrates’ court not later than 48 hours after the notice was served in pursuance of section 1(6)(a).
When does a closure order need to be made?
(a) where the closure order was made on the application of a constable, a police officer of at least the rank of inspector; (b) where the closure order was made on the application of a local authority, that authority.
Can a Justice of the peace discharge a closure order?
(1) At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for the order to be discharged. (b) the authority that applied for the closure order, where the order was made on the application of a local authority;
When do I have to go to court for a closure notice?
(a) by a constable, if the closure notice was issued by a police officer; (b) by the authority that issued the closure notice, if the notice was issued by a local authority. (3) The application must be heard by the magistrates’ court not later than 48 hours after service of the closure notice.