Entertainment & alcohol licensing
Police Powers
Closure Orders
Power to close premises within a particular area
Local Magistrates are empowered to make an order requiring all premises within a specific area, which is experiencing disorder or where disorder is anticipated, to close until such time as they are satisfied that it is no longer necessary to prevent disorder. The application for the order must come from a police officer of the rank of Superintendent or above. A police constable will serve the order on the premises in question and may use necessary force to ensure that the premises are closed.
The period of the order is up to 24 hours and the burden of proof will be on the police on the balance of probabilities to demonstrate that it is necessary. They should balance their awareness of the loss of business which it will cause against the necessity for the order and if possible should seek a voluntary agreement with operators in the area prior to using this power.
Any of the following people will be guilty of an offence if they knowingly allow the premises to remain open when such an order is in force:
- 1. Any manager of the premises;
- 2. The holder of the premises licence;
- 3. The designated premises supervisor;
- 4. The premises user under a temporary event notice.
The power does not apply to premises with the benefit of a Club Premises Certificate.