Section 11 - Powers to Close Licensed Premises

Question 1

Who can order certain premises to close in the interest of public safety?

Answer 1

A senior police office (inspector or above)

Question 2

In what 2 situations, can the police order a certain premises to close?

Answer 2

1. In the interest of public safety, if they believe that there is disorder at the premises or that disorder is imminent
2. If there is a nuisance being caused by noise from a premises

Question 3

Who must the police report any closures to?

Answer 3

The magistrates’ court

Question 4

When can an Environmental Health officer (EHO) issue a closure order?

Answer 4

When public nuisance is being caused by the noise coming from the premises.

The EHO requires authorisation by the chief executive of the local authority

Question 5

What are the benefits of a premises closing voluntarily, rather than being faced with a closure order?

Answer 5

A review of the premises may not necessarily follow

Question 6

Who can make an order to close all premises within an area?

Answer 6

Magistrates

Question 7

When can they issue such an order? Provide an example

Answer 7

If they are satisfied that it is necessary to prevent disorder in the local area

e.g. A big football match is taking place

This can only happen if the order is applied for by a police superintendent (or higher rank)

Question 8

The Antisocial Behaviour Act 2003 also gives the police additional powers to do what?

Answer 8

Close premises where there is the production or supply of Class A drugs (e.g. Heroin, Cocaine or Ecstasy), serious nuisance or disorder

Question 9

If a closure order has been issued, what can you do that will be classed as an offence?

Answer 9

Keep the premises open

Question 10

If a premises is kept open during a closure order, who can be found guilty of this offence?

Answer 10

1. Any managers of the premises
   
   • Any responsible person working at the premises, whether in a paid or unpaid capacity, who has the authority to close the premises
2. The holder of the premises licence
3. The DPS
4. The premises user under a TEN

Question 11

Up to what period can any closures be made for?

Answer 11

24 hours

Question 12

What 2 conditions must be satisified for a closure to last longer than 24 hours?

Answer 12

1. The court does not have the opportunity to hear the matter within the first 24 hours
2. The senior police officer issuing the order believes there is still a threat either:
   a. To public safety from likely disorder on the premises
   b. Of public nuisance from noise coming from the premises

Question 13

Following a closure order to a specific premises, what must happen? and within what time period?

Answer 13

The premises licence must be reviewed within 28 days