Closure Powers and Licensed Premises Anti-social Behaviour, Crime AND Policing Bill 2013 *****

1. Closure Powers and Licensed Premises Anti-social Behaviour, Crime AND Policing Bill 2013 ***** Gareth Hughes Barrister/Director Jeffrey Green Russell Limited www.jgrweb.com

2. Anti-Social Behaviour, Crime and Policing Bill 2013

3. Closure of premises Home Office White Paper – MAY 2012 “More effective responses to anti-social behaviour”

4. Closure of premises Home Office White Paper – May 2012 “No one should have to accept graffiti on their walls, public drunkeness on their streets or harassment and intimidation on their own doorstep but for too many … it remains a fact of everyday life.” Theresa May - Home Secretary 2012

5. Closure of premises Putting victims first – key principle • Victims to be at the heart of decision making going forward • Problems taken seriously • Efficient service and quick response • Want the problem stopped and not to happen again • 2013 Bill seeks simplification • 19 processes reduced to 6

6. Closure of premises • ASBO • ASBO on conviction • Drink Banning Order • Drink Banning Order on conviction • Anti-Social Behaviour Injunction • Individual Support Order • Intervention Order • Litter Clearing Notice • Street Litter Clearing Notice • Graffiti/defacement Removal Notice • Designated Public Places Order • Gating Order • Dog Control Order • Premises Closure Order • Crack House Closure Order • Noisy Premises Closure Order • Section 161 Closure Order • Section 30 Dispersal Order • Section 27 Direction to leave

7. Closure of premises Reduced to: • Crime Prevention Injunctions • Criminal Behaviour Orders • Dispersal Powers • Community Protection Notices • Public Spaces Protection Orders • Closure of Premises associated with nuisance or disorder

8. Closure of premises 2013 Bill also deals with: • Squatters • Dangerous dogs • Firearms • Forced marriages • Policing – reform of College of Policing and IPCC • Extradition • Criminal Justice and Court fees • Debate in Parliament – dangerous dogs and forced marriages

9. Closure of premises • Two brand new measures: • The Community Trigger – giving victims ability to demand action starting with a review of their case where the local threshold is met • The Community Remedy – giving victims a say in the out of court punishment of offenders for low-level crime and antisocial behaviour

10. Closure of premises The Community Trigger e.g. – three reports of separate incidents of antisocial behaviour in a six month period where there has been an inadequate response to that behaviour • Consultation • Meeting of all relevant bodies – police, local authority, health agencies etc • requirement to inform victims of actions to be taken • Police and local authorities to publish information about number of applications under Community Trigger • Accountability and transparency • Result – any one of six new remedies

11. Closure of premises • Fast and flexible power • Protect victims and communities • Quickly closing premises • Causing nuisance or disorder

12. Closure of premises • Closure Notices(issued by Police and local authorities) • Closure Order(issued by Magistrates Court)

13. Closure of premises Who can issue a Closure Notice • 24 hours – Police Inspector or local authority officer • 48 hours – Police Superintendent or Chief Executive of Council

14. Closure of premises Closure Notice • Means • Closure(Unlike CJPA 2001)

15. Closure of premises Grounds for Closure Notice • Use of premises • has resulted … • or likely soon to result in … • nuisance to members of the public or • has been disorder or • likely soon to be disorder • near the premises • associated with the use of the premises

16. Closure of premises Police inspector or local authority officer is satisfied that notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring

17. Closure of premises Effect of the NoticeProhibits access to the premises for periods specified in the Notice (ie 24 hours or 48 hours)

18. Closure of premises No prohibition of access to • people who habitually live on the premises or • The owner of the premises (residential pub landlords or representatives of brewery company owning pub)

19. Closure of premises Requirements of Closure Notice - Identify the premises • Explain the effect of the Notice • State that failure to comply with the Notice is an offence • State that an application will be made for a Closure Order • Specify when and where the application will be heard • Explain the effect of a Closure Order • Provide information about the names and contact details of persons or organisations providing assistance

20. Closure of premises Consultation • Notice may only be issued if reasonable efforts have been made to inform people living on the premises and persons having control or responsibility for the premises that the Notice is going to be issued. • Notice only to be issued if Police officer or local authority officer has consulted with other appropriate bodies or individuals.

21. Closure of premises Consultation • Speak with victims (see guidance)(putting victims first principle – they should be consulted on their views on the behaviour about which there is complaint and what outcome they would like to see)

22. Closure of premises Premises to which closure or notice may not be issued Secretary of State to make regulations

23. Closure of premises Cancellation of Notice • Police or local authority officer satisfied that initial conditions no longer apply • Cancellation Notice to be issued

24. Closure of premises Variation Notice(removing part of premises initially included in Notice)

25. Closure of premises Service of Notices • By a Constable or an employee of the local authority • Copy of notice to be fixed in a prominent place on premises • Notices to be fixed at access points to premises • Notices fixed to outbuildings • Copy to a person who appears to have control of the premises • Copy to those living on the premises and to those having control of the premises

26. Closure of premises Putting victims first principle • Issuing body to undertake to inform victims of the anti-social behaviour of the Closure Notice and to inform them of the details of the Closure Order hearing where possible and appropriate

27. Closure of premises Closure Orders • Application to Magistrates Court triggered by issue of a Closure Notice • Application must be made • Application to be made by a Constable or employee of local authority

28. Closure of premises Hearing • Magistrates Court are to hear the application no later than 48 hours after service of the Closure Notice • Timeframes accordingly very tight

29. Closure of premises Grounds for Closure Order • Person has engaged or are likely to engage in disorderly offensive or criminal behaviour on the premises • Use of the premises has resulted or likely to result in serious nuisance to members of the public • Has been or likely to be disorder near those premises associated with the use of those premises

30. Closure of premises Order necessary to prevent behaviour, nuisance or disorder from continuing, recurring or occurring

31. Closure of premises Duration 3 months maximum

32. Closure of premises Effective Notice Prohibits access to persons except those living at the premises or those who own the premises

33. Closure of premises Grounds for Closure Order • Person has engaged or are likely to engage in disorderly offensive or criminal behaviour on the premises • Use of the premises has resulted or likely to result in serious nuisance to members of the public • Has been or likely to be disorder near those premises associated with the use of those premises

34. Closure of premises Requirement • Magistrates Court to notify relevant licensing authority if a Closure Order is made in respect of licensed premises. • As before this triggers the requirement for licensing authority to hold a review under s.167, LA03

35. Closure of premises Temporary Orders Where no Closure Order made • Can order that Closure Notice remain in force for up to 48 hours • Continuation necessary to prevent nuisance or disorder from continuing, recurring or occurring

36. Closure of premises Putting victims first principle • Guidance • indicates that it is not necessary to include information about those consulted within an Order so as to protect them from retribution. Records of those consulted should be kept.

37. Closure of premises Extension of Closure Orders On application by Police or a local authority officer reasons for initial Order still remain • Consultation between Police and local authority officers

38. Closure of premises Extension • Justices if so satisfied may extend for up to three further months • Order may not last for more than six months in total

39. Closure of premises Discharge of Closure Orders • Application by a Constable, local authority officer, persons served with Closure Notice and anyone having an interest in the premises • Justices satisfied that original reasons for making Order cease to exist and Order no longer necessary

40. Closure of premises Appeals • Crown Court • Recipient of Notice, Constable or local authority.

41. Closure of premises Enforcement Powers given to Police and local authority officers to enter premises and do anything necessary to secure premises against entry

42. Antisocial Bill 2013 – Other related issues • Drink Banning Orders (Violent Crime and Reduction Act 2006 s.1-14 repealed)

43. Antisocial Bill 2013 – Other related issues Designated Public Places Order (CJPA 2001 s.12-16 Repealed) • Replaced with Public Spaces Protection Orders

44. Antisocial Bill 2013 – Other related issues Dispersal Powers (Anti-social Behaviour Act 2003 Part 4: Dispersal of Groups – Repealed) • Replaced by Directions Orders (clauses 32-39 2013 Bill)