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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 1 — Premises where drugs used unlawfully

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A

Bill

[AS AMENDED ON REPORT]

To

Make provision in connection with anti-social behaviour.                                                                            

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Premises where drugs used unlawfully

 1     Closure notice

     (1)    This section applies to premises if a police officer not below the rank of

superintendent (the authorising officer) has reasonable grounds for

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believing—

           (a)           that at any time during the relevant period the premises have been used

in connection with the unlawful use, production or supply of a Class A

controlled drug, and

           (b)           that the use of the premises is associated with the occurrence of

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disorder or serious nuisance to members of the public.

     (2)    The authorising officer may authorise the issue of a closure notice in respect of

premises to which this section applies if he is satisfied—

           (a)           that the local authority for the area in which the premises are situated

has been consulted;

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           (b)           that reasonable steps have been taken to establish the identity of any

person who lives on the premises or who has control of or

responsibility for or an interest in the premises.

     (3)    An authorisation under subsection (2) may be given orally or in writing, but if

it is given orally the authorising officer must confirm it in writing as soon as it

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is practicable.

     (4)    A closure notice must—

 
HL Bill 11653/2
 
 

Anti-social Behaviour Bill
Part 1 — Premises where drugs used unlawfully

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           (a)           give notice that an application will be made under section 2 for the

closure of the premises;

           (b)           state that access to the premises by any person other than a person who

habitually resides in the premises or the owner of the premises is

prohibited;

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           (c)           specify the date and time when and the place at which the application

will be heard;

           (d)           explain the effects of an order made in pursuance of section 2;

           (e)           state that failure to comply with the notice amounts to an offence;

           (f)           give information about relevant advice providers.

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     (5)    The closure notice must be served by a constable.

     (6)    Service is effected by—

           (a)           fixing a copy of the notice to at least one prominent place on the

premises,

           (b)           fixing a copy of the notice to each normal means of access to the

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premises,

           (c)           fixing a copy of the notice to any outbuildings which appear to the

constable to be used with or as part of the premises,

           (d)           giving a copy of the notice to at least one person who appears to the

constable to have control of or responsibility for the premises, and

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           (e)           giving a copy of the notice to the persons identified in pursuance of

subsection (2)(b) and to any other person appearing to the constable to

be a person of a description mentioned in that subsection.

     (7)    The closure notice must also be served on any person who occupies any other

part of the building or other structure in which the premises are situated if the

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constable reasonably believes at the time of serving the notice under subsection

(6) that the person’s access to the other part of the building or structure will be

impeded if a closure order is made under section 2.

     (8)    It is immaterial whether any person has been convicted of an offence relating

to the use, production or supply of a controlled drug.

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     (9)    The Secretary of State may by regulations specify premises or descriptions of

premises to which this section does not apply.

     (10)   The relevant period is the period of three months ending with the day on which

the authorising officer considers whether to authorise the issue of a closure

notice in respect of the premises.

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     (11)   Information about relevant advice providers is information about the names of

and means of contacting persons and organisations in the area that provide

advice about housing and legal matters.

 2     Closure order

     (1)    If a closure notice has been issued under section 1 a constable must apply

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under this section to a magistrates’ court for the making of a closure order.

     (2)    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).

     (3)    The magistrates’ court may make a closure order if and only if it is satisfied that

each of the following paragraphs applies—

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Anti-social Behaviour Bill
Part 1 — Premises where drugs used unlawfully

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           (a)           the premises in respect of which the closure notice was issued have

been used in connection with the unlawful use, production or supply

of a Class A controlled drug;

           (b)           the use of the premises is associated with the occurrence of disorder or

serious nuisance to members of the public;

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           (c)           the making of the order is necessary to prevent the occurrence of such

disorder or serious nuisance for the period specified in the order.

     (4)    A closure order is an order that the premises in respect of which the order is

made are closed to all persons for such period (not exceeding three months) as

the court decides.

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     (5)    But the order may include such provision as the court thinks appropriate

relating to access to any part of the building or structure of which the premises

form part.

     (6)    The magistrates’ court may adjourn the hearing on the application for a period

of not more than 14 days to enable—

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           (a)           the occupier of the premises,

           (b)           the person who has control of or responsibility for the premises, or

           (c)           any other person with an interest in the premises,

            to show why a closure order should not be made.

     (7)    If the magistrates’ court adjourns the hearing under subsection (6) it may order

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that the closure notice continues in effect until the end of the period of the

adjournment.

     (8)    A closure order may be made in respect of all or any part of the premises in

respect of which the closure notice was issued.

     (9)    It is immaterial whether any person has been convicted of an offence relating

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to the use, production or supply of a controlled drug.

 3     Closure order: enforcement

     (1)    This section applies if a magistrates’ court makes an order under section 2.

     (2)    A constable or an authorised person may—

           (a)           enter the premises in respect of which the order is made;

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           (b)           do anything reasonably necessary to secure the premises against entry

by any person.

     (3)    A person acting under subsection (2) may use reasonable force.

     (4)    But a constable or authorised person seeking to enter the premises for the

purposes of subsection (2) must, if required to do so by or on behalf of the

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owner, occupier or other person in charge of the premises, produce evidence

of his identity and authority before entering the premises.

     (5)    A constable or authorised person may also enter the premises at any time while

the order has effect for the purpose of carrying out essential maintenance of or

repairs to the premises.

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     (6)    In this section and in section 4 an authorised person is a person authorised by

the chief officer of police for the area in which the premises are situated.

 

 

Anti-social Behaviour Bill
Part 1 — Premises where drugs used unlawfully

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 4     Closure of premises: offences

     (1)    A person commits an offence if he remains on or enters premises in

contravention of a closure notice.

     (2)    A person commits an offence if—

           (a)           he obstructs a constable or an authorised person acting under section

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1(6) or 3(2),

           (b)           he remains on premises in respect of which a closure order has been

made, or

           (c)           he enters the premises.

     (3)    A person guilty of an offence under this section is liable on summary

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conviction—

           (a)           to imprisonment for a period not exceeding six months, or

           (b)           to a fine not exceeding level 5 on the standard scale,

            or to both such imprisonment and fine.

     (4)    But a person does not commit an offence under subsection (1) or subsection

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(2)(b) or (c) if he has a reasonable excuse for entering or being on the premises

(as the case may be).

     (5)    A constable in uniform may arrest a person he reasonably suspects of

committing or having committed an offence under this section.

 5     Extension and discharge of closure order

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     (1)    At any time before the end of the period for which a closure order is made or

extended a constable may make a complaint to an appropriate justice of the

peace for an extension or further extension of the period for which it has effect.

     (2)    But a complaint must not be made unless it is authorised by a police officer not

below the rank of superintendent—

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           (a)           who has reasonable grounds for believing that it is necessary to extend

the period for which the closure order has effect for the purpose of

preventing the occurrence of disorder or serious nuisance to members

of the public, and

           (b)           who is satisfied that the local authority has been consulted about the

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intention to make the complaint.

     (3)    If a complaint is made to a justice of the peace under subsection (1) the justice

may issue a summons directed to—

           (a)           the persons on whom the closure notice relating to the closed premises

was served under subsection (6)(d) or (e) or (7) of section 1;

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           (b)           any other person who appears to the justice to have an interest in the

closed premises but on whom the closure notice was not served,

            requiring such person to appear before the magistrates’ court to answer to the

complaint.

     (4)    If the court is satisfied that the order is necessary to prevent the occurrence of

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disorder or serious nuisance for a further period it may extend the period for

which the order has effect by a period not exceeding three months.

     (5)    But a closure order must not have effect for more than six months.

 

 

Anti-social Behaviour Bill
Part 1 — Premises where drugs used unlawfully

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     (6)    Any of the following persons may make a complaint to an appropriate justice

of the peace for an order that a closure order is discharged—

           (a)           a constable;

           (b)           the local authority;

           (c)           a person on whom the closure notice relating to the closed premises

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was served under subsection (6)(d) or (e) or (7) of section 1;

           (d)           a person who has an interest in the closed premises but on whom the

closure notice was not served.

     (7)    If a complaint is made under subsection (6) by a person other than a constable

the justice may issue a summons directed to such constable as he thinks

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appropriate requiring the constable to appear before the magistrates’ court to

answer to the complaint.

     (8)    The court must not make an order discharging a closure order unless it is

satisfied that the closure order is no longer necessary to prevent the occurrence

of disorder or serious nuisance to members of the public.

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     (9)    If a summons is issued in accordance with subsection (3) or (7), a notice stating

the date, time and place at which the complaint will be heard must be served

on—

           (a)           the persons to whom the summons is directed if it is issued under

subsection (3);

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           (b)           the persons mentioned in subsection (6)(c) and (d) (except the

complainant) if the summons is issued under subsection (7);

           (c)           such constable as the justice thinks appropriate (unless he is the

complainant);

           (d)           the local authority (unless they are the complainant).

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     (10)   An appropriate justice of the peace is a justice of the peace acting for the petty

sessions area in which the premises in respect of which a closure order is made

are situated.

 6     Appeals

     (1)    This section applies to—

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           (a)           an order under section 2 or 5;

           (b)           a decision by a court not to make an order under either of those

sections.

     (2)    An appeal against an order or decision to which this section applies must be

brought to the Crown Court before the end of the period of 21 days beginning

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with the day on which the order or decision is made.

     (3)    An appeal against an order under section 2 or 5(4) may be brought by—

           (a)           a person on whom the closure notice relating to the closed premises

was served under section 1(6)(d) or (e);

           (b)           a person who has an interest in the closed premises but on whom the

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closure notice was not served.

     (4)    An appeal against the decision of a court not to make such an order may be

brought by—

           (a)           a constable;

           (b)           the local authority.

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Anti-social Behaviour Bill
Part 1 — Premises where drugs used unlawfully

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     (5)    On an appeal under this section the Crown Court may make such order as it

thinks appropriate.

 7     Access to other premises

     (1)    This section applies to any person who occupies or owns any part of a building

or structure—

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           (a)           in which closed premises are situated, and

           (b)           in respect of which the closure order does not have effect.

     (2)    A person to whom this section applies may at any time while a closure order

has effect apply to—

           (a)           the magistrates’ court in respect of an order made under section 2 or 5;

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           (b)           the Crown Court in respect of an order made under section 6.

     (3)    If an application is made under this section notice of the date, time and place

of the hearing to consider the application must be given to every person

mentioned in section 5(6).

     (4)    On an application under this section the court may make such order as it thinks

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appropriate in relation to access to any part of a building or structure in which

closed premises are situated.

     (5)    It is immaterial whether any provision has been made as mentioned in section

2(5).

 8     Reimbursement of costs

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     (1)    A police authority or a local authority which incurs expenditure for the

purpose of clearing, securing or maintaining the premises in respect of which

a closure order has effect may apply to the court which made the order for an

order under this section.

     (2)    On an application under this section the court may make such order as it thinks

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appropriate in the circumstances for the reimbursement (in full or in part) by

the owner of the premises of the expenditure mentioned in subsection (1).

     (3)    But an application for an order under this section must not be entertained

unless it is made not later than the end of the period of three months starting

with the day the closure order ceases to have effect.

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     (4)    An application under this section must be served on—

           (a)           the police authority for the area in which the premises are situated if the

application is made by the local authority;

           (b)           the local authority if the application is made by a police authority;

           (c)           the owner of the premises.

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 9     Exemption from liability for certain damages

     (1)    A constable is not liable for relevant damages in respect of anything done or

omitted to be done by him in the performance or purported performance of his

functions under this Part.

     (2)    A chief officer of police is not liable for relevant damages in respect of anything

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done or omitted to be done by a constable under his direction or control in the

 

 

Anti-social Behaviour Bill
Part 1 — Premises where drugs used unlawfully

    7

 

performance or purported performance of the constable’s functions under this

Part.

     (3)    Subsections (1) and (2) do not apply—

           (a)           if the act or omission is shown to have been in bad faith;

           (b)           so as to prevent an award of damages made in respect of an act or

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omission on the ground that the act or omission was unlawful by virtue

of section 6(1) of the Human Rights Act 1998 (c. 42).

     (4)    This section does not affect any other exemption from liability for damages

(whether at common law or otherwise).

     (5)    Relevant damages are damages in proceedings for judicial review or for the

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tort of negligence or misfeasance in public duty.

 10    Compensation

     (1)    This section applies to any person who incurs financial loss in consequence

of—

           (a)           the issue of a closure notice, or

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           (b)           a closure order having effect.

     (2)    A person to whom this section applies may apply to—

           (a)           the magistrates’ court which considered the application for a closure

order;

           (b)           the Crown Court if the closure order was made or extended by an order

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made by that Court on an appeal under section 6.

     (3)    An application under this section must not be entertained unless it is made not

later than the end of the period of three months starting with whichever is the

later of—

           (a)           the day the court decides not to make a closure order;

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           (b)           the day the Crown Court dismisses an appeal against a decision not to

make a closure order;

           (c)           the day a closure order ceases to have effect.

     (4)    On an application under this section the court may order the payment of

compensation out of central funds if it is satisfied—

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           (a)           that the person had no connection with the use of the premises as

mentioned in section 1(1),

           (b)           if the person is the owner or occupier of the premises, that he took

reasonable steps to prevent the use,

           (c)           that the person has incurred financial loss as mentioned in subsection

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(1), and

           (d)           having regard to all the circumstances it is appropriate to order

payment of compensation in respect of that loss.

     (5)    Central funds has the same meaning as in enactments providing for the

payment of costs.

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 11    Interpretation

     (1)    References to a controlled drug and (however expressed) to the production or

supply of a controlled drug must be construed in accordance with the Misuse

of Drugs Act 1971 (c. 38)

 

 

 
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