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Annex 7 - Example of closure orders forms
Application to Licensing Board for Closure Order
Emergency Closure Order Made under Section 97 of the Licensing (Scotland) Act 2005
Licensing (Scotland) Act 2005 - Closure Orders
Notes for emergency closure order (to be read as part of the attached Order)
A senior police officer has decided to make this closure order under the terms of section 97 of the Licensing (Scotland) Act 2005, requiring the relevant premises specified in the order to be closed for the period of time specified in the order.
The reasons for which emergency closure orders cane be made are that a senior police officer has reason to believe that: -
- There is, or is likely to be imminently to be, disorder on, or in the vicinity of, any licensed premises;
- Closure of the premises is necessary in the interests of public safety,; and
- The risk to public safety is such that it is necessary to do so immediately and without making an application to the Licensing Board.
The specific reason(s) for the emergency closure order issued in this case are specified in the Order
Your attention is drawn to section 97(7) of the Act. This makes it an offence for any responsible person, without reasonable excuse, to permit the relevant premises to be open in contravention of this closure order or any extension of it, and any responsible person found guilty of such an offence shall be liable to a fine not exceeding £20,000 or to imprisonment for a term not exceeding three months or to both.
Closure orders issued by the police under section 97 have a maximum duration of 24 hours. However, section 99 of the Act allows the police to extend such closure orders for a further period not exceeding 24 hours. The reasons for which these extensions can be made are that:
- There continues to be, or is likely to continue to be, disorder on, or in the vicinity of, the premises;
- Extending the original closure period is necessary in the interests of public safety; and
- The risk to public safety continues to be such that it is necessary to extend the original closure period immediately and without making an application to the Licensing Board.
Any such extensions can only be for a maximum of 24 hours
Review hearing
Whilst it is not a duty of the police to notify Licensing Boards of emergency closure orders & extensions to such notices) Ministers expect that this would happen as a matter of course. As such it is expected that Licensing Board will review the premises licence in respect of the premises no later than XX days after it is notified of such closure orders by the police. The Board is empowered, if necessary to promote the licensing objectives, to modify the conditions of the premises licence, remove the designated premises supervisor from the licence, suspend the licence for a period not exceeding three months or revoke the licence. Their consideration is not confined solely to the incident which gave rise to the service of the closure order. They may examine any issues which are relevant to the promotion of the licensing objectives.
Appeals
The Act does not allow for any appeals procedure against the imposition of a closure order.
Termination of closure orders
Where the senior police officer is satisfied that it is no longer necessary in the interests of public safety for the closure order to be in place, then he must terminate the order. In terminating an order the police must give notice to: -
The Act defines "responsible person" as being: -
- in the case of licensed premises in respect of which a premises licence has effect, the premises manager;
- in the case of licensed premises in respect of which an occasional licence has effect, the holder of then licence;
- in the case of other relevant premises, the person having management and control of the premises; and
- in any of these cases, any person aged 18 or over who works on the premises in a capacity (whether paid or unpaid) which -
- authorises the person to sell alcohol, or
- in relation to any offence under Part 8 of the Act of allowing something to be done, authorises the person to prevent the doing of the thing.
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