Premises Closure Orders open up new ways to tackle Anti-Social Behaviour

Article

09 February, 2009

As of 1 December 2008, the police and local authorities can apply for premises closure orders (PCO) through the magistrates' courts, as introduced by section 118 of the Criminal Justice and Immigration Act 2008. This provision permits the court to temporarily close premises which are associated with significant and persistent disorder, or persistent serious nuisance.

Strategies such as these can offer new ways of dealing with anti-social behaviour in communities, by attempting to tackle the issue with an emphasis upon the place, rather than the people, involved in such conduct.

Background

The purpose of a PCO is to provide immediate respite to communities suffering from anti-social behaviour and to offer a method of engaging with perpetrators to stop similar activity in the future and tackle its underlying causes.

PCOs are designed to be used as a last resort and where other intervention tools have been used, considered or rejected for good reason and where the potential implications for children and vulnerable adults in the premises have been considered. They are not be used as an eviction tool or as a 'fast-track' to such an outcome.

Such action should ideally not be taken by either the police or local authority on their own. Consultation between each organisation should take place before any decision is reached. In addition, discussions with registered social landlords and other local services are recommended by Government to offer advance warning of any likely demands upon their facilities as a consequence of pursuing a PCO. Those with either legal or equitable interests in the premises should also be contacted.

What type of property is covered by a PCO?

PCOs are 'tenure neutral' and apply equally to privately owned properties. Examples of applicable premises include:

  • Houses;
  • Flats and apartments;
  • Communal areas adjacent to houses and/or flats;
  • Garages and sheds;
  • Shops;
  • Public buildings;
  • Car parks.
What is the effect of a PCO?

When granted by a magistrates' court, the police or local authority can close the property (completely or partially) for a maximum period of three months. They can also prevent access to anyone, including those who may live there. In doing so, the magistrates must be sure that the relevant conditions have been fulfilled and that the closure is necessary in order to prevent further instances of anti-social behaviour.

What are the grounds for a PCO?

An application can be made for a closure notice to be issued if a senior police officer or local authority official has reasonable grounds to believe that a person has engaged in anti-social behaviour on the premises in the past three months and that the premises in question are associated with 'significant and persistent disorder or persistent serious nuisance' to members of the public.

The notice alerts those using the property, neighbours and anyone else with an interest who can be identified, of the intention to apply to the court for a PCO. Once a notice has been issued, a PCO must be sought within 48 hours, regardless of whether the behaviour improves or not.

How these phrases are to be interpreted has been left for the courts to decide but examples provided by the Government of what may be considered serious in the circumstances include:

  • A significant increase in crime in the immediate surrounding area.
  • The discharge of a firearm in, or adjacent to, the premises.
  • Intimidating and threatening behaviour towards residents.
  • High numbers of people entering and leaving the premises at all times of the day or night and the resulting disruption caused.
  • Excessive noise at all hours associated with visitors to the premises.

An individual who breaches a closure order is liable on summary conviction to imprisonment for a maximum period of 51 weeks, a fine of £5,000, or both.

Conclusion

Despite there being relatively few PCOs made to date, they have the potential to become a powerful tool that can be used by a range of agencies to give local communities respite from serious instances of anti-social activity.

The procedure for obtaining a PCO is relatively straightforward with applicability to a wide range of premises and properties, combined with a relatively wide definition of behaviour for which such orders can be utilised.

For more information and assistance on these issues, please contact the Housing Department at Forbes Solicitors on 01772 220200 or contact Stuart Penswick by email.

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