Anti-Social Behaviour, Crime and Policing Act 2014 - Update

Further to our article on 22 July 2014 (‘Reform of anti-social behaviour powers - statutory guidance issued’), the Anti-Social Behaviour, Crime and Policing Act 2014 continues to be implemented and this week sees two key provisions come into force that have an impact upon the licensing and hospitality industry:

1. Closure Notices

   This allows the Police or Local Authority to issue a Closure Notice if satisfied on reasonable grounds:

   • that the use of particular premises has resulted, or (if the notice is not issued) is likely soon to result, in nuisance to members of the public OR
   • that there has been, or (if the notice is not issued) is likely soon to be, disorder near those premises associated with the use of those premises,

   The Notice must also be necessary to prevent the nuisance or disorder in question from continuing, recurring or occurring

   The use of the Notice is subject to regulation but can prohibit access to the premises for a period of up to 48 hours and of critical importance requires the premises to be closed immediately.

2. Closure Order

   If the Closure Notice is not cancelled then within 48 hours of it being issued, an application must be heard by the Magistrates Court to consider implementing a Closure Order.

   At that time, the Court can adjourn the hearing for up to 14 days, issue a temporary order which extends the closure notice for up to a further 48 hours or issue a full Closure Order – or indeed decline to issue one. A Closure Order can last for up to 3 months and then can be extended by the Magistrates’ Court pursuant to an application for another 3 months.

   A right of Appeal exits against the Closure Order but it is clearly a high impact power in view of the speed of its operation and the length of potential closure.

Notably, the closure order under s161 Licensing Act 2003 has now been repealed and s167 Licensing Act 2003 appropriately amended so that only the issuing of a Closure Order (and not Closure Notice) triggers the automatic Review of any Premises Licence.

Additionally, powers in relation to dispersal and the Public Spaces Protection Order under the Anti-Social Behaviour, Crime and Policing Act 2014 have gone live.

Should you be subject to a Closure Notice or Closure Order, we would recommend legal advice be immediately obtained.