If you have been served with a Closure Notice or Closure Order, it is vital that you take independent legal advice about your options. Cartwright King is a national law firm which specialises in appealing against Closure Orders and representing your interests in court. Section 80 (5) of the Antisocial Behaviour Crime and Policing Act 2014 enables a senior police officer or council official to close premises for up to 48 hours and to seek an order from a Magistrates’ Court that the premises remain closed for a further 3 months. This could have a dramatic impact on you or your business.
What are Closure Notices and Orders?
Closure Notices and Orders are formal sanctions that allow the police and the council to quickly close premises which are being used, or are likely to be used to commit nuisance or disorder.
A Closure Notice can close premises for up to 48 hours whilst arrangements are made for a formal application to a local Magistrates’ Court for a Closure Order. A Closure Order can keep premises closed for up to 3 months.
Closure Notices and Closure Orders can apply to any land or any other place including residential businesses premises, business premises non-business premises and licensed premises. In fact they cover pretty much all premises.
Why have I received one?
A Closure Notice is made when a senior police officer or council official is of the reasonable opinion that:
- The use of the premises has or is likely to result in nuisance to members of the public; or
- There has been or is likely to be disorder near to or associated with the premises and that the Notice is necessary to prevent nuisance or disorder from continuing, reoccurring or occurring.
A Closure Order is made if a Magistrates’ Court is satisfied that:
- A person has engaged or is likely to engage in disorderly, offensive or criminal behaviour on the premises; or
- The use of the premises has resulted in or is likely to result in serious nuisance to members of the public; or
- There has been or is likely to have been disorder near to or associated with the premises and the Order is necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring.
How we can help and why you need a solicitor
Our expert solicitors and lawyers are very familiar with the powers of the police and local authorities in relation to antisocial behaviour and criminal cases. We have a dedicated team of advocates that can represent your interests in the Magistrates’ and Crown Courts.
Our solicitors can appear on your behalf before the Magistrates’ Court to argue against the making of a Closure Order.
If a Closure order is made and you wish to appeal, we have a team of specialist Crown Court advocates that can represent you before the Crown Court.
A Closure Order automatically triggers a Review of the Licence before the Licensing Committee and this is a matter we can also deal with. The importance of this is the police can then apply for a revocation of the licence, further suspension of licence, reduce or remove the hours of a particular licensing activity or removal of the Designated Premises Supervisor. This can have catastrophic effects on the business.
Even if you just want to make sure that these powers have been used properly then we can advise and assist you in this. We can also offer you support should you want to represent yourself in court.
We can provide you with fixed fees where available, or give you an estimate of the likely fees involved. You may be entitled to Legal Aid which we can apply for on your behalf and will advise you of any costs you may have to pay. Please call us on 0808 168 5550 to discuss your requirements, or email us using the enquiry form below.
Amidst the Coronavirus outbreak, our team of solicitors are adopting Skype video calling to continue providing excellent legal services to you.
For more information on your rights surrounding Coronavirus, visit our dedicated page.
Why choose Cartwright King?
Cartwright King also promotes remote working, so we can provide you with the same excellent service outside of our office locations.