Published: 21 January 2016
Q: I recently had a visit from my local licensing officer and police licensing officer. When they left, they gave me a document which says “Section 19 Closure Notice” on the top, and says I am breaching the CCTV condition on my premises licence because CCTV is only stored for 14 days (the condition on my premises licence says CCTV must be stored for 31 days). I am very worried – do I have to close?
A: There are many types of Closure Notice. A Section 19 Closure Notice may be issued by an authorised officer of the local authority or an authorised police officer. The Notice identifies that the premises licence holder is operating a premises and selling alcohol otherwise than in accordance with their premises licence. A Section 19 Closure Notice does not require you to close or to stop selling alcohol. However, if the issuing officer is not satisfied that the breach identified on the Notice has been rectified, they may seek a Closure Order from the Magistrates Court within 7 days and 6 months of the date of the Closure Notice. This Closure Order may require you to close until the breach is rectified. You should therefore either carry out the necessary works to your CCTV system as soon as possible to ensure it complies with the condition or you could try to vary your premises licence to amend the condition. You should also be aware that if you are operating in breach of your premises licence you could be subject to other enforcement action including prosecution or a review of the premises licence. If in any doubt, take legal advice.
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