Anti-social Behaviour, Crime and Policing Bill (HC Bill 7)

Anti-social Behaviour, Crime and Policing BillPage 30

Supplemental

51 Exemption from liability

(1) A local authority exercising or purporting to exercise a power under section
44(2) is not liable to an occupier or owner of land for damages or otherwise
5(whether at common law or otherwise) arising out of anything done or omitted
to be done in the exercise or purported exercise of that power.

(2) A person carrying out work under section 44(2), or a person by or on whose
behalf work is carried out under section 46(2)(b), is not liable to an occupier or
owner of land for damages or otherwise (whether at common law or
10otherwise) arising out of anything done or omitted to be done in carrying out
that work.

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

(a) to an act or omission shown to have been in bad faith, or

(b) to liability arising out of a failure to exercise due care and attention.

(4) 15Subsections (1) and (2) do not apply so as to prevent an award of damages
made in respect of an act or omission on the ground that the act or omission
was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

(5) This section does not affect any other exemption from liability (whether at
common law or otherwise).

52 20Issuing of notices

(1) A notice under this Chapter may be issued to a person by—

(a) handing it to the person,

(b) leaving it at the person’s proper address, or

(c) sending it by post to the person at that address.

(2) 25A notice under this Chapter to a body corporate may be issued to the secretary
or clerk of that body.

(3) A notice under this Chapter to a partnership may be issued to a partner or a
person who has the control or management of the partnership business.

(4) For the purposes of this section and of section 7 of the Interpretation Act 1978
30(service of documents by post) in its application to this section, the proper
address of a person is the person’s last known address, except that—

(a) in the case of a body corporate or its secretary or clerk, it is the address
of the body’s registered or principal office;

(b) in the case of a partnership or person having the control or the
35management of the partnership business, it is the principal office of the
partnership.

(5) For the purposes of subsection (4) the principal office of a company registered
outside the United Kingdom, or of a partnership carrying on business outside
the United Kingdom, is its principal office within the United Kingdom.

(6) 40If a person has specified an address in the United Kingdom, other than the
person’s proper address within the meaning of subsection (4), as the one at
which the person or someone on the person’s behalf will accept notices of the
same description as a notice under this Chapter, that address is also treated for

Anti-social Behaviour, Crime and Policing BillPage 31

the purposes of this section and section 7 of the Interpretation Act 1978 as the
person’s proper address.

53 Interpretation of Chapter 1

In this Chapter—

  • 5“conduct” includes a failure to act;

  • “local authority” means—

    (a)

    in relation to England, a district council, a county council for an
    area for which there is no district council, a London borough
    council, the Common Council of the City of London or the
    10Council of the Isles of Scilly;

    (b)

    in relation to Wales, a county council or a county borough
    council;

  • “owner”, in relation to premises, means—

    (a)

    a person (other than a mortgagee not in possession) entitled to
    15dispose of the fee simple of the premises, whether in possession
    or in reversion;

    (b)

    a person who holds or is entitled to the rents and profits of the
    premises under a lease that (when granted) was for a term of not
    less then 3 years;

  • 20“premises” includes any land.

54 Saving and transitional provision

(1) The repeal or amendment by this Act of provisions about any of the notices
specified in subsection (2) does not apply in relation to—

(a) a notice specified in that subsection served before the commencement
25day;

(b) anything done in connection with such a notice.

(2) The notices are—

(a) a litter abatement notice under section 92 of the Environmental
Protection Act 1990;

(b) 30a litter clearing notice under section 92A of that Act;

(c) a street litter control notice under section 93 of that Act;

(d) a defacement removal notice under section 48 of the Anti-social
Behaviour Act 2003.

(3) A community protection notice that contains no requirement that could not
35have been contained in one of the notices specified in subsection (2) may be
issued in respect of conduct before the commencement day.

(4) Subsection (3) applies only during the period of 3 months beginning with the
commencement day.

(5) In this section “commencement day” means the day on which this Chapter
40comes into force.

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CHAPTER 2 Public spaces protection orders

Public spaces protection orders

55 Power to make orders

(1) A local authority may make a public spaces protection order if satisfied on
5reasonable grounds that two conditions are met.

(2) The first condition is that—

(a) activities carried on in a public place within the authority’s area have
had a detrimental effect on the quality of life of those in the locality, or

(b) it is likely that activities will be carried on in a public place within that
10area and that they will have such an effect.

(3) The second condition is that the effect, or likely effect, of the activities—

(a) is, or is likely to be, of a persistent or continuing nature,

(b) is, or is likely to be, such as to make the activities unreasonable, and

(c) justifies the restrictions imposed by the notice.

(4) 15A public spaces protection order is an order that identifies the public place
referred to in subsection (2) (“the restricted area”) and—

(a) prohibits specified things being done in the restricted area,

(b) requires specified things to be done by persons carrying on specified
activities in that area, or

(c) 20does both of those things.

(5) The only prohibitions or requirements that may be imposed are ones that are
reasonable to impose in order—

(a) to prevent the detrimental effect referred to in subsection (2) from
continuing, occurring or recurring, or

(b) 25to reduce that detrimental effect or to reduce the risk of its continuance,
occurrence or recurrence.

(6) A prohibition or requirement may be framed—

(a) so as to apply to all persons, or only to persons in specified categories,
or to all persons except those in specified categories;

(b) 30so as to apply at all times, or only at specified times, or at all times
except those specified;

(c) so as to apply in all circumstances, or only in specified circumstances,
or in all circumstances except those specified.

(7) A local authority making a public spaces protection order must before doing
35so consult—

(a) the chief officer of police, and the local policing body, for the police area
that includes the restricted area;

(b) whatever community representatives the local authority thinks it
appropriate to consult.

(8) 40A public spaces protection order must—

(a) identify the activities referred to in subsection (2);

(b) explain the effect of section 59 (where it applies) and section 63;

Anti-social Behaviour, Crime and Policing BillPage 33

(c) specify the period for which the order has effect.

(9) A public spaces protection order must be published in accordance with
regulations made by the Secretary of State.

56 Duration of orders

(1) 5A public spaces protection order may not have effect for a period of more than
3 years, unless extended under this section.

(2) Before the time when a public spaces protection order is due to expire, the local
authority that made the order may extend the period for which it has effect if
satisfied on reasonable grounds that doing so is necessary to prevent—

(a) 10occurrence or recurrence after that time of the activities identified in the
order, or

(b) an increase in the frequency or seriousness of those activities after that
time.

(3) An extension under this section—

(a) 15may not be for a period of more than 3 years;

(b) must be published in accordance with regulations made by the
Secretary of State.

(4) A public spaces protection order may be extended under this section more than
once.

(5) 20A local authority extending the period for which a public spaces protection
order has effect must before doing so consult—

(a) the chief officer of police, and the local policing body, for the police area
that includes the restricted area;

(b) whatever community representatives the local authority thinks it
25appropriate to consult.

57 Variation and discharge of orders

(1) Where a public spaces protection order is in force, the local authority that made
the order may vary it—

(a) by increasing or reducing the restricted area;

(b) 30by altering or removing a prohibition or requirement included in the
order, or adding a new one.

(2) A local authority may make a variation under subsection (1)(a) that results in
the order applying to an area to which it did not previously apply only if the
conditions in section 55(2) and (3) are met as regards activities in that area.

(3) 35A local authority may make a variation under subsection (1)(b) that makes a
prohibition or requirement more extensive, or adds a new one, only if the
prohibitions and requirements imposed by the order as varied are ones that
section 55(5) allows to be imposed.

(4) A public spaces protection order may be discharged by the local authority that
40made it.

(5) A local authority varying or discharging a public spaces protection order must
before doing so consult—

Anti-social Behaviour, Crime and Policing BillPage 34

(a) the chief officer of police, and the local policing body, for the police area
that includes the restricted area;

(b) whatever community representatives the local authority thinks it
appropriate to consult.

(6) 5In relation to a variation that would increase the restricted area, the restricted
area for the purposes of subsection (5) is the increased area.

(7) Where an order is varied, the order as varied must be published in accordance
with regulations made by the Secretary of State.

(8) Where an order is discharged, a notice identifying the order and stating the
10date when it ceases to have effect must be published in accordance with
regulations made by the Secretary of State.

Prohibition on consuming alcohol

58 Premises etc to which alcohol prohibition does not apply

(1) A prohibition in a public spaces protection order on consuming alcohol does
15not apply to—

(a) premises (other than council-operated licensed premises) authorised
by a premises licence to be used for the supply of alcohol;

(b) premises authorised by a club premises certificate to be used by the
club for the supply of alcohol;

(c) 20a place within the curtilage of premises within paragraph (a) or (b);

(d) premises which by virtue of Part 5 of the Licensing Act 2003 may at the
relevant time be used for the supply of alcohol or which, by virtue of
that Part, could have been so used within the 30 minutes before that
time;

(e) 25a place where facilities or activities relating to the sale or consumption
of alcohol are at the relevant time permitted by virtue of a permission
granted under section 115E of the Highways Act 1980 (highway-related
uses).

(2) A prohibition in a public spaces protection order on consuming alcohol does
30not apply to council-operated licensed premises—

(a) when the premises are being used for the supply of alcohol, or

(b) within 30 minutes after the end of a period during which the premises
have been used for the supply of alcohol.

(3) In this section—

  • 35“club premises certificate” has the meaning given by section 60 of the
    Licensing Act 2003;

  • “premises licence” has the meaning given by section 11 of that Act;

  • “supply of alcohol” has the meaning given by section 14 of that Act.

(4) For the purposes of this section, premises are “council-operated licensed
40premises” if they are authorised by a premises licence to be used for the supply
of alcohol and—

(a) the licence is held by a local authority in whose area the premises (or
part of the premises) are situated, or

(b) the licence is held by another person but the premises are occupied by
45a local authority or are managed by or on behalf of a local authority.

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59 Consumption of alcohol in breach of prohibition in order

(1) This section applies where a constable or an authorised person reasonably
believes that a person (P)—

(a) is or has been consuming alcohol in breach of a prohibition in a public
5spaces protection order, or

(b) intends to consume alcohol in circumstances in which doing so would
be a breach of such a prohibition.

In this section “authorised person” means a person authorised for the purposes
of this section by the local authority that made the public spaces protection
10order (or authorised by virtue of section 65(1)).

(2) The constable or authorised person may require P—

(a) not to consume, in breach of the order, alcohol or anything which the
constable or authorised person reasonably believes to be alcohol;

(b) to surrender anything in P’s possession which is, or which the
15constable or authorised person reasonably believes to be, alcohol or a
container for alcohol.

(3) A constable or an authorised person who imposes a requirement under
subsection (2) must tell P that failing without reasonable excuse to comply with
the requirement is an offence.

(4) 20A requirement imposed by an authorised person under subsection (2) is not
valid if the person—

(a) is asked by P to show evidence of his or her authorisation, and

(b) fails to do so.

(5) A constable or an authorised person may dispose of anything surrendered
25under subsection (2)(b) in whatever way he or she thinks appropriate.

(6) A person who fails without reasonable excuse to comply with a requirement
imposed on him or her under subsection (2) commits an offence and is liable
on summary conviction to a fine not exceeding level 2 on the standard scale.

Restrictions on public rights of way

60 30Orders restricting public right of way over highway

(1) A local authority may not make a public spaces protection order that restricts
the public right of way over a highway without considering—

(a) the likely effect of making the order on the occupiers of premises
adjoining or adjacent to the highway;

(b) 35the likely effect of making the order on other persons in the locality;

(c) in a case where the highway constitutes a through route, the
availability of a reasonably convenient alternative route.

(2) Before making such an order a local authority must—

(a) notify potentially affected persons of the proposed order,

(b) 40inform those persons how they can see a copy of the proposed order,

(c) notify those persons of the period within which they may make
representations about the proposed order, and

(d) consider any representations made.

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In this subsection “potentially affected persons” means occupiers of premises
adjacent to or adjoining the highway, and any other persons in the locality who
are likely to be affected by the proposed order.

(3) A public spaces protection order may not restrict the public right of way over
5a highway for the occupiers of premises adjoining or adjacent to the highway.

(4) A public spaces protection order may not restrict the public right of way over
a highway that is the only or principal means of access to a dwelling.

(5) In relation to a highway that is the only or principal means of access to
premises used for business or recreational purposes, a public spaces protection
10order may not restrict the public right of way over the highway during periods
when the premises are normally used for those purposes.

(6) A public spaces protection order that restricts the public right of way over a
highway may authorise the installation, operation and maintenance of a
barrier or barriers for enforcing the restriction.

(7) 15A local authority may install, operate and maintain barriers authorised under
subsection (6).

(8) A highway over which the public right of way is restricted by a public spaces
protection order does not cease to be regarded as a highway by reason of the
restriction (or by reason of any barrier authorised under subsection (6)).

(9) 20In this section—

  • “dwelling” means a building or part of a building occupied, or intended
    to be occupied, as a separate dwelling;

  • “highway” has the meaning given by section 328 of the Highways Act
    1980.

61 25Categories of highway over which public right of way may not be restricted

(1) A public spaces protection order may not restrict the public right of way over
a highway that is—

(a) a special road;

(b) a trunk road;

(c) 30a classified or principal road;

(d) a strategic road;

(e) a highway in England of a description prescribed by regulations made
by the Secretary of State;

(f) a highway in Wales of a description prescribed by regulations made by
35the Welsh Ministers.

(2) In this section—

  • “classified road”, “special road” and “trunk road” have the meaning given
    by section 329(1) of the Highways Act 1980;

  • “highway” has the meaning given by section 328 of that Act;

  • 40“principal road” has the meaning given by section 12 of that Act (and see
    section 13 of that Act);

  • “strategic road” has the meaning given by section 60(4) of the Traffic
    Management Act 2004.

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Validity of orders

62 Challenging the validity of orders

(1) An interested person may apply to the High Court to question the validity of a
public spaces protection order.

5“Interested person” means an individual who lives in the restricted area or
who regularly works in or visits that area.

“Interested person” means an individual who lives in the restricted area or
who regularly works in or visits that area.

(2) The grounds on which an application under this section may be made are—

(a) 10that the local authority did not have power to make the order, or to
include particular prohibitions or requirements imposed by the order;

(b) that a requirement under this Chapter was not complied with in
relation to the order.

(3) An application under this section must be made within the period of 6 weeks
15beginning with the date on which the order is made.

(4) On an application under this section the High Court may by order suspend the
operation of the public spaces protection order, or any of its prohibitions or
requirements, until the final determination of the proceedings.

(5) If on an application under this section the High Court is satisfied that—

(a) 20the local authority did not have power to make the order, or to include
particular prohibitions or requirements imposed by the order, or

(b) the interests of the applicant have been substantially prejudiced by a
failure to comply with a requirement under this Chapter,

the Court may quash the order or any of its prohibitions or requirements.

(6) 25A public spaces protection order, or any of its prohibitions or requirements,
may be suspended under subsection (4) or quashed under subsection (5)

(a) generally, or

(b) so far as necessary for the protection of the interests of the applicant.

(7) The validity of a public spaces protection order may not be challenged in any
30legal proceedings, either before or after it is made, except under this section or
section 63(3).

Failure to comply with orders

63 Offence of failing to comply with order

(1) It is an offence for a person without reasonable excuse—

(a) 35to do anything that the person is prohibited from doing by a public
spaces protection order, or

(b) to fail to comply with a requirement to which the person is subject
under a public spaces protection order.

(2) A person guilty of an offence under this section is liable on summary
40conviction to a fine not exceeding level 3 on the standard scale.

(3) A person does not commit an offence under this section by failing to comply
with a prohibition or requirement that the local authority did not have power
to include in the public spaces protection order.

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64 Fixed penalty notices

(1) A constable or an authorised person may issue a fixed penalty notice to anyone
he or she has reason to believe has committed an offence under section 59 or 63
in relation to a public spaces protection order.

(2) 5A fixed penalty notice is a notice offering the person to whom it is issued the
opportunity of discharging any liability to conviction for the offence by
payment of a fixed penalty to a local authority specified in the notice.

(3) The local authority specified under subsection (2) must be the one that made
the public spaces protection order.

(4) 10Where a person is issued with a notice under this section in respect of an
offence—

(a) no proceedings may be taken for the offence before the end of the
period of 14 days following the date of the notice;

(b) the person may not be convicted of the offence if the person pays the
15fixed penalty before the end of that period.

(5) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to
constitute the offence;

(b) state the period during which (because of subsection (4)(a))
20proceedings will not be taken for the offence;

(c) specify the amount of the fixed penalty;

(d) state the name and address of the person to whom the fixed penalty
may be paid;

(e) specify permissible methods of payment.

(6) 25An amount specified under subsection (5)(c) must not be more than £100.

(7) A fixed penalty notice may specify two amounts under subsection (5)(c) and
specify that, if the lower of those amounts is paid within a specified period (of
less than 14 days), that is the amount of the fixed penalty.

(8) Whatever other method may be specified under subsection (5)(e), payment of
30a fixed penalty may be made by pre-paying and posting to the person whose
name is stated under subsection (5)(d), at the stated address, a letter containing
the amount of the penalty (in cash or otherwise).

(9) Where a letter is sent as mentioned in subsection (8), payment is regarded as
having been made at the time at which that letter would be delivered in the
35ordinary course of post.

(10) In any proceedings, a certificate that—

(a) purports to be signed by or on behalf of the chief finance officer of the
local authority concerned, and

(b) states that payment of a fixed penalty was, or was not, received by the
40dated specified in the certificate,

is evidence of the facts stated.

(11) In this section—

  • “authorised person” means a person authorised for the purposes of this
    section by the local authority that made the order (or authorised by
    45virtue of section 65(2));

  • Anti-social Behaviour, Crime and Policing BillPage 39

  • “chief finance officer”, in relation to a local authority, means the person
    with responsibility for the authority’s financial affairs.

Supplemental

65 Powers of community support officers

(1) 5In Part 1 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by
community support officers), for paragraph 5 there is substituted—

Alcohol consumption in restricted areas

5 Where a designation applies this paragraph to any person, that
person shall, within the relevant police area, have the powers of a
10constable under section 59 of the Anti-social Behaviour, Crime and
Policing Act 2013 (consumption of alcohol in breach of prohibition in
public spaces protection order)—

(a) to impose a requirement under subsection (2) of that section;
and

(b) 15to dispose under subsection (5) of that section of anything
surrendered to the person;

and that section shall have effect in relation to the exercise of those
powers by that person as if the references to a constable were
references to that person.

(2) 20In paragraph 1 of that Schedule (power of community support officers to issue
fixed penalty notices), after paragraph (e) of sub-paragraph (2) there is
inserted—

(f) the power of a constable to issue a fixed penalty notice under
section 64 of the Anti-social Behaviour, Crime and Policing
25Act 2013 (fixed penalty notice in respect of failure to comply
with public spaces protection order).

66 Byelaws

(1) A byelaw that prohibits, by the creation of an offence, an activity regulated by
a public spaces protection order is of no effect in relation to the restricted area
30during the currency of the order.

(2) In subsection (1) “regulated” means—

(a) prohibited by virtue of section 55(4)(a), or

(b) subjected to requirements by virtue of section 55(4)(b),

whether or not for all persons and at all times.

67 35Interpretation of Chapter 2

(1) In this Chapter—

  • “alcohol” has the meaning given by section 191 of the Licensing Act 2003;

  • “community representative”, in relation to a public spaces protection
    order that a local authority proposes to make or has made, means any
    40individual or body appearing to the authority to represent the views of
    people who live in, work in or visit the restricted area;

  • “local authority” means—

    Anti-social Behaviour, Crime and Policing BillPage 40

    (a)

    in relation to England, a district council, a county council for an
    area for which there is no district council, a London borough
    council, the Common Council of the City of London or the
    Council of the Isles of Scilly;

    (b)

    5in relation to Wales, a county council or a county borough
    council;

  • “public place”—

    (a)

    means any place to which the public or any section of the public
    has access, on payment or otherwise, as of right or by virtue of
    10express or implied permission, but

    (b)

    does not include land to which subsection (2) applies;

  • “restricted area” has the meaning given by section 55(4).

(2) This section applies to land—

(a) for the regulation of which a private Act confers power on a person
15other than a local authority, and

(b) in respect of which that person has given a notice in writing under this
subsection to the local authority or local authorities in whose area the
land is situated.

68 Saving and transitional provision

(1) 20The repeal or amendment by this Act of provisions about any of the orders
specified in subsection (2) does not apply in relation to—

(a) an order specified in that subsection made before the commencement
day;

(b) anything done in connection with such an order.

(2) 25The orders are—

(a) a gating order under Part 8A of the Highways Act 1980;

(b) an order under section 13(2) of the Criminal Justice and Police Act 2001
(power of local authority to designate public place for restrictions on
alcohol consumption);

(c) 30a dog control order under Chapter 1 of Part 6 of the Clean
Neighbourhoods and Environment Act 2005.

(3) At the end of the period of 3 years beginning with the commencement day—

(a) this Chapter has effect in relation to any order specified in subsection
(2) that is still in force as if the provisions of the order were provisions
35of a public spaces protection order;

(b) subsection (1) ceases to have effect.

This Part, as it applies by virtue of paragraph (a), has effect with any necessary
modifications (and with any modifications specified in an order under section
141(6)).

(4) 40In this section “commencement day” means the day on which this Chapter
comes into force.

Anti-social Behaviour, Crime and Policing BillPage 41

CHAPTER 3 Closure of premises associated with nuisance or disorder etc

Closure notices

69 Power to issue closure notices

(1) A police officer of at least the rank of inspector, or the local authority, may issue
5a closure notice if satisfied on reasonable grounds—

(a) 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

(b) 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,

10and that the notice is necessary to prevent the nuisance or disorder from
continuing, recurring or occurring.

(2) A closure notice is a notice prohibiting access to the premises for a period
specified in the notice.

For the maximum period, see section 70.

15For the maximum period, see section 70.

(3) A closure notice may prohibit access—

(a) by all persons except those specified, or by all persons except those of a
specified description;

(b) at all times, or at all times except those specified;

(c) 20in all circumstances, or in all circumstances except those specified.

(4) A closure notice may not prohibit access by—

(a) people who habitually live on the premises, or

(b) the owner of the premises,

and accordingly they must be specified under subsection (3)(a).

(5) 25A closure notice must—

(a) identify the premises;

(b) explain the effect of the notice;

(c) state that failure to comply with the notice is an offence;

(d) state that an application will be made under section 73 for a closure
30order;

(e) specify when and where the application will be heard;

(f) explain the effect of a closure order;

(g) give information about the names of, and means of contacting, persons
and organisations in the area that provide advice about housing and
35legal matters.

(6) A closure notice may be issued only if reasonable efforts have been made to
inform—

(a) people who live on the premises (whether habitually or not), and

(b) any person who has control of or responsibility for the premises or who
40has an interest in them,

that the notice is going to be issued.

Anti-social Behaviour, Crime and Policing BillPage 42

(7) Before issuing a closure notice the police officer or local authority must ensure
that any body or individual the officer or authority thinks appropriate has been
consulted.

(8) The Secretary of State may by regulations specify premises or descriptions of
5premises in relation to which a closure notice may not be issued.

70 Duration of closure notices

(1) The maximum period that may be specified in a closure notice is 24 hours
unless subsection (2) applies.

(2) The maximum period is 48 hours—

(a) 10if, in the case of a notice issued by a police officer, the officer is of at least
the rank of superintendent, or

(b) if, in the case of a notice issued by a local authority, the notice is signed
by the chief executive officer of the authority or a person designated by
him or her for the purposes of this subsection.

(3) 15The period specified in a closure notice to which subsection (2) does not apply
may be extended by up to 24 hours—

(a) if, in the case of a notice issued by a police officer, an extension notice
is issued by an officer of at least the rank of superintendent, or

(b) if, in the case of a notice issued by a local authority, the authority issues
20an extension notice signed by the chief executive officer of the authority
or a person designated by the chief executive officer for the purposes of
this subsection.

(4) An extension notice is a notice which—

(a) identifies the closure notice to which it relates, and

(b) 25specifies the period of the extension.

(5) In this section “chief executive officer”, in relation to a local authority, means
the head of the paid service of the authority designated under section 4 of the
Local Government and Housing Act 1989.

71 Cancellation or variation of closure notices

(1) 30This section applies where a closure notice is in force and the relevant officer
or authority is no longer satisfied as mentioned in section 69(1), either—

(a) as regards the premises as a whole, or

(b) as regards a particular part of the premises.

(2) In a case within subsection (1)(a) the relevant officer or authority must issue a
35cancellation notice.

A cancellation notice is a notice cancelling the closure notice.

A cancellation notice is a notice cancelling the closure notice.

(3) In a case within subsection (1)(b) the relevant officer or authority must issue a
variation notice.

40A variation notice is a notice varying the closure notice so that it does not apply
to the part of the premises referred to in subsection (1)(b).

A variation notice is a notice varying the closure notice so that it does not apply
to the part of the premises referred to in subsection (1)(b).

(4) A cancellation notice or a variation notice that relates to a closure notice which
45was—

(a) issued by a local authority, and

Anti-social Behaviour, Crime and Policing BillPage 43

(b) signed as mentioned in section 70(2)(b),

must be signed by the person who signed the closure notice (or, if that person
is not available, by another person who could have signed as mentioned in
section 70(2)(b)).

(5) 5A cancellation notice or a variation notice that relates to a closure notice which
was—

(a) issued by a local authority, and

(b) extended under section 70(3)(b),

must be signed by the person who signed the extension notice (or, if that
10person is not available, by another person who could have signed the extension
notice).

(6) In this section “the relevant officer or authority” means—

(a) in the case of a closure notice issued by a police officer and not extended
under section 70(3)(a), that officer (or, if that officer is not available,
15another officer of the same or higher rank);

(b) in the case of a closure notice issued by a police officer and extended
under section 70(3)(a), the officer who issued the extension notice (or, if
that officer is not available, another officer of the same or higher rank);

(c) in the case of a closure notice issued by a local authority, that authority.

72 20Service of notices

(1) A closure notice, an extension notice, a cancellation notice or a variation notice
must be served by—

(a) a constable, in the case of a notice issued by a police officer;

(b) an employee of the authority that issued the notice, in the case of a
25notice issued by a local authority.

(2) The constable or local authority employee must if possible—

(a) fix a copy of the notice to at least one prominent place on the premises,

(b) fix a copy of the notice to each normal means of access to the premises,

(c) fix a copy of the notice to any outbuildings that appear to the constable
30or employee to be used with or as part of the premises,

(d) give a copy of the notice to at least one person who appears to the
constable or employee to have control of or responsibility for the
premises, and

(e) give a copy of the notice to the people who live on the premises and to
35any person who does not live there but was informed (under section
69(6)) that the notice was going to be issued.

(3) If the constable or local authority employee reasonably believes, at the time of
serving the notice, that there are persons occupying another part of the
building or other structure in which the premises are situated whose access to
40that part will be impeded if a closure order is made under section 73, the
constable or employee must also if possible serve the notice on those persons.

(4) The constable or local authority employee may enter any premises, using
reasonable force if necessary, for the purposes of complying with subsection
(2)(a).

Anti-social Behaviour, Crime and Policing BillPage 44

Closure orders

73 Power of court to make closure orders

(1) Whenever a closure notice is issued an application must be made to a
magistrates’ court for a closure order (unless the notice has been cancelled
5under section 71).

(2) An application for a closure order must be made—

(a) by a constable, if the closure notice was issued by a police officer;

(b) by the authority that issued the closure notice, if the notice was issued
by a local authority.

(3) 10The application must be heard by the magistrates’ court not later than 48 hours
after service of the closure notice.

(4) The court may make a closure order if it is satisfied—

(a) 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,
15or

(b) 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

(c) 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,

20and that the order is necessary to prevent the behaviour, nuisance or disorder
from continuing, recurring or occurring.

(5) A closure order is an order prohibiting access to the premises for a period
specified in the order.

The period may not exceed 3 months.

25The period may not exceed 3 months.

(6) A closure order may prohibit access—

(a) by all persons, or by all persons except those specified, or by all persons
except those of a specified description;

(b) at all times, or at all times except those specified;

(c) 30in all circumstances, or in all circumstances except those specified.

(7) A closure order—

(a) may be made in respect of the whole or any part of the premises;

(b) may include provision about access to a part of the building or
structure of which the premises form part.

(8) 35The court must notify the relevant licensing authority if it makes a closure
order in relation to premises in respect of which a premises licence is in force.