Expedited Review Proceedings and Forced Closure

A new and additional power for the police to seek to close premises came into effect on 1 October 2007. Premises associated with serious crime and disorder can be the subject of a review with the imposition of almost immediate sanction.

Section 21 of the Violent Crime Reduction Act 2006 inserts a new section 53A, B & C into the Licensing Act 2003. This is the source of the new powers. 

These additional powers are designed to supplement the existing closure powers (see below) and enable the police to trigger a fast track process to review a premises licence where they consider the premises are associated with serious crime or serious disorder or both. The Licensing Authority must respond by taking interim steps (without necessarily the input of the premises licence holder) where appropriate and pending a full review, within 48 hours of the police request.

The interim steps can include:

Modification of the conditions on the premises licence
Exclusion of the sale of alcohol by retail from the scope of the licence
Removal of the DPS
Suspension of the licence.

There is no right of appeal against any of the interim steps imposed although the premises licence holder is entitled to make representations and on receipt of these representations (whether in anticipation of taking the interim steps or following the imposition of them) the Licensing Authority must hold a hearing within 48 hours.

In addition, a full review of the premises licence must occur within 28 days. All of the existing powers on review shall apply.  In the event of any appeal against the outcome of the review hearing itself the decision of the Licensing Authority shall not have effect until 21 days after the determination, or any appeal initiated within that 21 day period has been disposed of but any interim steps taken will remain in force over those periods.

Serious crime is defined as an offence where a perpetrator aged 21 with no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years on more, or that the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.

Serious disorder is not defined and is said to be a matter of judgment by the local police.

The guidance sets out the considerations which a senior officer of police should have in mind before initiating this process.

This is a relatively new power which gives immediate (or almost immediate) sanction against licensed premises where there are ‘serious problems’. We have seen this used in a number of situations- some where we consider it to be justified and others where we would have expected other steps to be taken. We initially anticipated that the powers would only be applied in the most exceptional of situations but that does not appear to be the case. It is clear however that the police have extremely far reaching powers.
Seek immediate advice if you face an expedited review.

A summary of other closure powers and notices under current legislation include: 

s160 Licensing Act 2003 – Magistrates order made on application of police for all premises at or near a place of disorder or expected disorder, to close for up to 24 hours.

s161 Licensing Act 2003 -  Police order closure for up to 24 hours of specific premises where there is disorder (actual or imminent) related to the premises or nuisance from noise on the premises.  It must be referred to magistrates who can extend closure or allow re-opening, and leads to automatic review of premises licence.

s169A Licensing Act 2003 – Police or local authority can ‘close’ a premises for up to 48 hours where three underage sales in three month period. This power is offered to an operator as an alternative to prosecution, and it suspends alcohol sales only. Not widely used. 

s147B Licensing Act 2003 – Magistrates Court can suspend sale of alcohol for up to three months on conviction for three underage sales in three month period.

s19 & 21 Police and Criminal Justice Act 2001 – Police and local authority can issue a ‘closure notice’ for any premises that has been used for an ‘unauthorised licensable activity’ in the previous 24 hours.  Includes breach of premises licence conditions.  ‘Closure notice’ cannot force closure, but if not remedied within 7 days a closure order can follow. 

s1 & 2 Anti-social Behaviour Act 2003 – Police can issue closure notice on any premises where there is use, supply or production of Class A drugs which leads to disorder or serious nuisance.  Magistrates must consider within 48 hours whether to make a closure order.

s40 Anti-social Behaviour Act 2003 – A local authority order for closure for up to 24 hours where public nuisance is coming from premises and closure necessary to prevent it.

s3 Noise Act 1996 – Local authority can serve a ‘warning’ notice prohibiting noise going above a certain level between the hours of 2300 and 0700

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