Closure of Premises Associated with Persistent Disorder or Nuisance
Introduction
Part 1A of the Anti-social Behaviour Act 2003 (the Act) sets out provisions relating to the issue of closure notices, and the making of closure orders in respect of premises that cause significant and persistent disorder, or persistent serious nuisance to a community.
The CPS is not involved with the identification of relevant premises, consultation procedures, or the issuing of closure notices or closure order application processes pursuant to Part 1A of the Act.
Guidance on the issuing and enforcement of closure notices and closure orders has been produced by the Home Office in conjunction with the Department of Communities and Local Government, the Association of Chief Police Officers and the Ministry of Justice, and is available at:
Offences
Section 11D of the Act sets out summary offences relating to closure notices and closure orders.
Section 11D states:
(1) A person who remains on or enters premises in contravention of a Part 1A closure notice commits an offence.
(2) A person who
(a) obstructs a person acting under section 11A(7) or 11C(2)
(b) remains on closed premises or
(c) enters closed premises
commits an offence.
A person guilty of an offence under this section is liable on summary conviction
(a) to imprisonment for a period not exceeding 51 weeks or
(b) to a fine not exceeding level 5 on the standard scale
or to both.
A person who has a reasonable excuse for entering or being on the premises does not commit an offence under subsection (1) or (2)(b) or (c) (as the case may be).
When reviewing offences pursuant to section 11D(1) [remaining on or entering premises in contravention of a Part 1A closure notice] or section 11D(2)(a) [obstructing a person serving a Part 1A closure notice] the reviewing lawyer must be satisfied that the requirements set out in sections 11A(1)-(8) of the Act have been complied with in respect of the authorisation, issuing, content and service of the closure notice.
