Closure Notice/Order

The closure power is a fast, flexible power that can be used to protect victims and communities by quickly closing premises that are causing nuisance or disorder.

Closure Notice

The Police (an officer of no lower rank thank Inspector for 24 hour notice or Superintendant for 48 hour notice) or a Council Officer (of no lower position than Chief Executive or designate thereof) can issue a closure notice if they are satisfied on reasonable grounds: 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 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, and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring

Closure Order

After the Closure Notice is served both the recipient of the notice and applying authority will appear before the Magistrates Court to make representations.  The applying authority will ask the court to make an order to close the offending premises for up to 3 months maximum.  A short term order could also be considered by the court for up to 14 days, once this period is finished an extension could be applied for should it be needed.

Breaches of Closure Notices and Closure orders

Breach of a Closure Notice can result in an unlimited fine and up to 3 months imprisonment.

About the Author

Contact

T:

E: Tom.Styles@cornwall.gov.uk

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