by David Clifton, one of thePublcian.com's legal experts from London solicitors Joelson Wilson
As you read this it should only be a matter of days before the relevant sections of the Criminal Justice and Police Act 2001 come into force, giving the police new powers to close disorderly and excessively noisy pubs, bars, nightclubs, restaurants and other on-licensed premises.
(ThePublican.com's legal team have composed a complete guide to the new powers - read it in full.)
In brief, a senior police officer, of the rank of inspector or above, may make a closure order if he or she reasonably believes that:
- there is likely to be disorder on or in the vicinity of and related to licensed premises and closure is necessary in the interests of public safety, including, for example, customers using the premises, or
- disorder is actually happening on or in the vicinity of, and related to, licensed premises and closure is necessary in the interests of public safety, or
- disturbance is being caused to members of the public by excessive noise from licensed premises and closure is necessary to prevent the disturbance.
The introduction of the new powers has been delayed from the originally planned date of October 1 because the guidance from the Government on the subject was itself delayed.
However, we now have access to that guidance, which can be read in full on the DCMS website www.culture.gov.uk.
What follows is a summary of some of the more relevant items that leapt out at me from the guidance.
Criminal Justice and Police Act summary
- Does the senior police officer need to be on the scene itself?
- Must the police take into account the conduct of the licensee or manager?
- Should a closure order be regarded as a penalty for the licensee?
- What does "in the vicinity of" and "related to" licensed premises mean?
- What does "likely disorder" mean?
- What does "excessive noise" mean?
- It is an offence to open in breach of a closure order. What does "open" mean?
- Must all customers leave following service of a closure order?
- Can a closure order be made for less than 24 hours duration?
- Who is to be regarded as "the manager" upon whom a closure order may be served?
- Does the senior police officer making the decision need to serve the order?