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Closure Powers

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What is a closure order/notice?

A police officer of at least the rank of Inspector (for 24 hours, Superintendent for 48 hours), 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). A closure notice MUST be issued before a closure order can be sought.

How is an application made?

Whenever a closure notice is issued an application can be made to a magistrates’ court for a closure order. This can be done by the police or the local authority and must be heard by the magistrates’ court no later than 48 hours after service of the closure notice. A closure order can be for up to three months.

What is an example of a closure order?

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 (e.g. frequent loud parties, harassment and intimidation of neighbours) in the local area. Closure orders can also be used where cuckooing is occurring, or on open land (with a clearly marked perimeter) such as car parks (e.g. for car meets), or premises that are used for short-term rental (e.g. holiday lets).

• Remember you can use hearsay evidence – your residents do not have to give their name.
• Remember to look further than just your complainants/victims, you may have victims hidden in plain sight that are too scared to make themselves known.
• Remember to complete a hearsay notice.
• Make sure you have enough staff to serve the notice/order.
• Remember to have an operational plan to enforce the notice and the order.

1. Identify the premises.
2. Explain the effect of the notice.
3. State that failure to comply with the notice is an offence.
4. State that an application will be made under section 80 for a closure order.
5. Specify when and where the application will be heard.
6. Explain the effect of a closure order.
7. Give information about the names of, and means of contacting, persons and organisations in the area that provide advice about housing and legal matters.

• Fix a copy of the notice to at least one prominent place on the premises.
• Fix a copy of the notice to each normal means of access to the premises.
• Fix a copy of the notice to any outbuildings that appear to the constable or representative to be used with or as part of the premises.
• Give a copy of the notice to at least one person who appears to the constable or representative to have control of or responsibility for the premises.
• Give a copy of the notice to the people who live on the premises and to any person who does not live there but was informed (under section 76(6)) that the notice was going to be issued.
• If the application is police lead it must be served by a Police Constable.
• Remember you can ask for special measures at court to protect victims from giving live evidence.
• Remember to inform your victims and residents of the notice and order and how they report any breaches.
• Remember to consider safety markers on your victim/witness address.
• Ensure vulnerable victims and offenders are identified and safeguarded.
• Remember to organise the security of the property once the order is agreed.
• Have a plan for when the closure order is removed.

Real life case study

Thomas Venus, Anti-social Behaviour Officer from Nuneaton and Bedworth shares a real-life example of a closure order in practice:

“The initial report came in that there was a high volume of visitors to a particular flat in the block and cannabis use in the flat.

I sent an initial ASB warning letter to the tenant and planned to visit them in a weeks’ time to discuss the concerns. However, before this visit could take place it escalated to multiple aggravated burglary incidents in the Nuneaton area which traced the suspects back to the flat.

The situation was escalating and causing significant ASB in the locality with a large commitment of police resource. Other residents also had to be evacuated from the block due to the risk of the unknown males inside the flat who had barricade themselves in prior to police forcing entry and making multiple arrests.

Due to the significant impact on other residents in the block, the weapons clearly seen, and serious risk of harm I did two things in liaison with Warwickshire Police:

1. The complainant who supplied the CCTV footage was moved urgently.
2. I immediately secured the flat to control access on the front door, making the tenant aware.
3. I immediately prepared an application for a full closure order of the property. I had been collecting the evidence as I went along which made submitting the application much quicker.”

In this case, a full closure order was served. Tenants of the flats were supported, including the tenant who was the source of the ASB, who received support from adult social care and mental health services.

Our thoughts....

Closure orders are intended to bring much quicker relief and protection for victims of persistent anti-social behaviour linked to a specific property. Closure notices can be applied for before the disturbance has even happened. This will enable the police to prevent a rave occurring and a place can be closed for 48 hours without needing to go to court to get permission first, however the court needs informing in cases like this. We believe this will assist agencies in being more proactive to prevent disturbance and protect victims.