Entertainment & liquor licensing

News: When is a Closure Notice not a Closure Notice

  • Date: 05/12/2007
  • Author/Solicitor: Jonathan Smith

There is a common misconception amongst some police forces that when a police constable or a representative of the local authority serves a "Closure Notice" under Section 19 of the Criminal Justice and Police Act 2001(because the premises are, in the opinion of the constable, being used for the unauthorised sale of alcohol, ie they are trading in breach of one or more conditions on their Premises Licence), the premises must close immediately. The Act was originally intended to close down premises with no permission to sell alcohol but applies where there is any breach of a condition. Section 19 does not extend to premises with a Club Registration Certificate.

The Closure Notice has to be served both upon the person who has responsibility for the activities that are being carried out at the premises and on any other occupier of the building whose access/egress to the building as a whole may be affected should the premises covered by the Premises Licence be closed.

If the Closure Notice is ignored then either the police or the local authority can then by way of a Notice of Complaint apply to the local Magistrates Court for a "Closure Order". The complaint may be made no less than 7 days and no more than 6 months after the service of the Closure Notice itself. The Magistrates Court should serve a summons on the person who had responsibility for the activities which were being carried out in breach of the Premises Licence.

The Magistrates Court can then at the hearing close the premises immediately until the police or local authority serve a Termination Certificate, and can also order that the person who has control of the premises deposit a sum of money into the Court which will not be released until the requirements of the Closure Order have been met.

Any breach of the Closure Order can render the person who is responsible for the breach without a reasonable excuse liable to a fine of £20,000 or 3 months in prison or both.

If you are faced with any police officers coming into your premises and serving a Closure Notice and insisting you close then they are acting beyond their powers. The Closure Notice is merely the first step towards the service of a Closure Order should the issues identified in the Closure Notice not be addressed.

For more information, please contact Jonathan Smith