Premises Closure Orders

In some communities there are particular premises that are a constant focus of severe anti-social behaviour, making the lives of those living nearby a misery. Premises closure orders are tenure neutral powers that can be used to offer communities immediate respite by temporarily closing premises for three months. Examples of these premises are those that are responsible for:

• significant and persistent disorder or
• persistent serious nuisance to a community.

The purpose of the powers is to

• provide immediate respite to communities suffering from misery caused by anti-social neighbours
• provide a means with which to engage perpetrators and tackle the underlying causes and put an end to the nuisance behaviour.

These powers should only be used as a last resort, where other interventions have been used or considered and rejected for good reason, and where implications, for example, for children or vulnerable adults in the premises, have been carefully considered.

The powers are not used as an eviction tool or a fast track to eviction. The closure order gives a power to close a property completely or partially for a maximum of three months and to prevent access by any persons - even those with rights of abode or ownership.

Orders may be discharged when problems associated with the premises have been addressed.

The orders are tenure neutral and apply to privately-owned properties (including owner-occupied or privately rented). The following premises are covered:

• Flats and apartments
• Common areas adjacent to houses/flats
• Garages and sheds
• Houses
• Factories
• Shops
• Pubs and clubs
• Public buildings
• Community centres or halls
• Car parks.

It is up to the courts to define the terms 'significant and persistent disorder' or 'persistent serious nuisance'. Actions below are suggested as guidelines for levels of nuisance which may be considered serious in this context.

• Intimidating and threatening behaviour towards residents.
• A significant increase in crime in the immediate area surrounding the premises.
• The discharge of a firearm in, or adjacent to, the premises.
• Significant problems with prostitution or sexual acts being committed in the vicinity of the premises.
• Violent offences and crime being committed on or in the vicinity of the premises.
• Serious disorder associated with alcohol abuse, for example in and around drinking dens.
• High numbers of people entering and leaving the premises at all times of the day or night and the resultant disruption they cause to residents.
• Noise (constant/intrusive) - excessive noise at all hours associated with visitors to the property.

Closure of premises where drugs are used unlawfully

Sections 1-11 of the Anti-Social Behaviour Act 2003 introduced a new range of powers that are available to the police in consultation with local authorities, to enable the swift closure of properties taken over by drug dealers and users of Class A drugs, which cause disorder or serious nuisance to the local community.

The supply and use of drugs from residential properties has emerged as a major cause of harm to communities and has a negative impact on community life, regeneration and social capital. The powers created offer a real opportunity to act swiftly and decisively to control these problems. While premises from which crack is sold and used have been the greatest single example of such harm, the intention is that these powers are used wherever class A drugs are accompanied by problems of disorder or serious nuisance.

The closure notice alerts those using the property, those resident, the owner and any others with an interest who can be identified, of the intention to apply to the court for a closure order.