LAWISE Solicitors - Blog

A closure order is likely to be issued by the court in cases where a premises is closed for persistent disorder or nuisance – which may involve noise, public order offences among clientele, drugs offences, sexual offences, violent crime or other serious offences, including using a business as a front to conceal organised crime, immigration offences, modern slavery offences or people trafficking offences. 

Closure orders may also be issued in cases where a premises is found to be in breach of health and safety laws – including food hygiene, if there is a breach of the Weights and Measures Act 1963, or if a tenant is in rent arrears.

Closure notices may be issued that require the premises to remain closed for up to 48 hours from the date of issue.  These Closure Notices last for up to 48 hours before being referred to the Magistrates’ Court if they are not withdrawn or extended by the Court.

The police or licensing authority must inform the owner or landlord of the premises before issuing a closure notice. The notice must also clearly state the effects of a closure order on the premises, as well as stating that failure to comply with the closure notice is an offence and the date the Magistrates Court will consider the case

The police or local authority can then apply to the Magistrate’s Court for the closure notice to be confirmed as a closure order, which will close the premises in question for a longer period of time.

Due to the short issue notice period of closure notices, it is imperative that you seek legal advice once you have received a closure notice in order to minimise the damage caused and before a decision is made on issuing a closure order.

The Magistrates Court can then order the premises to remain closed for three months as the initial ruling with an option of the police or local authority to apply for an extension of the closure order up to six months if deemed necessary. This is known as a closure order, or closure of premises order.

For this to occur, the court must be satisfied that the premises in question has or will be used for public nuisance or disorder, specifically:

1. If a person has engaged or is likely to engage in disorderly, offensive or illegal activity on the premises.
2. That the use of the premises has resulted, or is likely to result in, a serious nuisance to members of the public.
3. That there has been, or is likely to be disorder near the premises that is associated with the use of the premises.

If any of the above has occurred at the premises in question in the eyes of the police or local authority, and the closure of the premises is necessary to reduce or prevent the disorderly behaviour from happening further then there will be sufficient grounds for the closure order to be served.

It is a criminal offence to re-enter or take possession of premises subjected to a closure order – and a heavy fine or even imprisonment of up to 51 weeks is possible if convicted of breaching a closure notice.

At any point before the closure order is due to expire, an application can be made to have the order discharged by any relevant parties with an interest in the premises so it is imperative that you seek legal advice if you are the subject of a closure order on your premises.

You have the chance to appeal the decision of a closure order within 21 days of the date of the decision in the Magistrate’s Court, due to the short time periods involved and the potentially dramatic outcomes, it is imperative that you seek legal advice as soon as you are handed a closure notice.

Because of the complexities involved in defending cases where a closure order might be issued, it is vital to seek legal advice from Lawise Criminal Solicitors as soon as possible.

Lawise crime lawyers have expertise in case building and defending complex cases where a closure order might be involved – and can advise even before charges or brought, or if there is a possibility of police interview under caution.

Lawise represents clients at Police Stations, Magistrates’ Courts, Crown Courts, and at Appeal Courts such as the Court of Appeal.

Clients do not have to wait until they have been arrested to contact Lawise about any criminal charges – our team can advise from the initial stages of a police inquiry, or if it is likely a client’s business may be faced with a closure order.  Advice can also be given on appeals against closure orders and Judicial Review.

We aim for the best possible outcome for clients facing closure orders – for 24/7 help at a police station call Lawise any time on 0208 572 9734 or 07854 311390.  Our office is located at 5 Bell Parade, Bell Road, Hounslow, TW3 3NU and email is twasti@lawise.co.uk