Reform of anti-social behaviour powers - statutory guidance issued

The Home Office has recently published the ‘Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers Statutory guidance for frontline professionals', replacing the previous draft guidance issued in October 2013.

From a licensing perceptive, the principal point of interest will be that relating to closure powers, which in brief states:

"A closure notice can be issued for 24 hours if the council or police officer (of at least the rank of inspector) is 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, and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.

The closure notice can be issued in the first instance for 48 hours or extended from 24 hours up to a maximum of 48 hours by the Council's chief executive officer or by a police superintendent.

A closure order can subsequently be issued if the court is satisfied:

• that a person has engaged, or (if the order is not made) is likely to engage, in disorderly, offensive or criminal behaviour on the premises; or
• that the use of the premises has resulted, or (if the order is not made) is likely to result, in serious nuisance to members of the public; or
• that there has been, or (if the order is not made) 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"

However, mention is also made of the Public Spaces Protection Order (PSPO), which replaces Designated Public Protection Orders (DPPO). These can be used to restrict the consumption of alcohol in designated areas amongst other things (although current restrictions relating to DPPOs will apply - i.e. public spaces will not include areas licensed for sale of alcohol, places within the curtilage of such premises or areas covered by a pavement café licence issued under s115E Highways Act 1980.

Details of the new Guidance can be found here. 

The provisions of the Anti-social Behaviour, Crime and Policing Act 2014 are not yet in force but sections are anticipated to commence in October 2014.

We will keep you apprised of developments.