A police officer of at least the rank of inspector, or the local authority, may issue a closure notice if satisfied on reasonable grounds that the use of the particular premises has resulted or is likely soon to result in nuisance to members of the public, or that there has been or 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.
A closure notice prohibits access to the premises for a period specified in the notice and may prohibit access by all persons except those specified, at all times and in all circumstances (or those specified).
Whenever a closure notice is issued an application can be made to a magistrates’ court for a closure order. This can be made by a constable or the local authority and must be heard by the magistrates’ court not later than 48 hours after service of the closure notice. A closure order can be for up to 3 months.
A closure notice can be used to close a nightclub where the police have intelligence to suggest that disorder is likely in the local area on a specific Friday night. A closure order could also be used for a house used for drug dealing or to close a house whose residents are the cause of serious anti-social behaviour (eg. frequent loud parties, harassment and intimidation of neighbours) in the local area.
ASB Help will always endeavour to work collaboratively with practitioners and partner agencies across England and Wales to promote and attain the best possible outcome for the victim. It is our hope that our expertise and experience will be used as an asset by practitioners in all cases that we consult on, however it must be noted that we do NOT have jurisdiction over local agencies and cannot compel partners to undertake specific action.
We will continue to offer objective advice to victims and practitioners alike and hope that in doing so we can promote best practice in ASB case management as well as raising awareness of victims rights.
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