Powers and Enforcement Learning outcomes To understand the powers of the police and other authorities in relation to licensed premises Assessment Criteria State the powers of the police to close identified licensed premises in respect of disorder or nuisance State the powers of the police to apply for a closure order covering a particular geographical area State the powers of an environmental health practitioner to close identified licensed premises in relation to noise nuisance Identify which authorities have a right of entry to licensed premises and when they can exercise these rights Essential Knowledge A police superintendent can apply to magistrates for the closure of all premises in an area for 24 hours if it is necessary to prevent disorder or noise nuisance Where nuisance or disorder has occurred or is likely to occur, a police inspector or local council officer may issue a closure notice for up to 24 hours A closure notice may be issued by a police superintendent or council chief executive for up to 48 hours With 48 hours of a closure notice, an application to be made to magistrates Magistrates may issue a closure order for up to 3 months to deal with serious nuisance or disorder on licensed premises Suggestions for training resources Cuttings from newspapers/journals/magazines illustrating particular powers and enforcement action being taken (such as problem licensed premises, particular incidents or local issues arising from licensed premises). 5 Powers and Enforcement

Powers under the Licensing Act 6 The Act gives police, local authorities and other responsible authorities certain powers including powers to: Close licensed premises Request the review of licensed premises Enter and inspect licensed premises Search licensed premises Handout 6 Powers and Enforcement; Summary and essential knowledge.

Powers to close licensed premises Where public disorder may be anticipated to prevent disorder or nuisance Police superintendent to make application to magistrates for the closure of all licensed premises in a specific area for up to 24 hours Local magistrates may require premises in a specific area to be closed for 24 hours to prevent disorder. The police must believe that disorder is occurring or is about to occur. The application must come from a superintendent or above.

Powers to close individual licensed premises Closure powers in 2 linked stages: Closure notice Closure order Stage 1 Stage 2 Aim to allow the quick closure of premises causing or likely to cause disorder or nuisance

Individual premises - closure powers process Offence to remain on or enter licensed premises in breach of a closure notice or order Offence to obstruct police or local council employee Right of appeal against closure order within 21 days No right of appeal against a closure notice

The right of entry during application Police, licensing authority or other responsible authorities may: enter the premises at any reasonable time to assess a premises licence application or temporary event notice against the licensing objectives Rights of entry apply where there is an application for grant, variation or review of a licence, an application for a provisional statement or where a TEN has been issued.

Rights of entry to licensed premises Police or authorised persons may enter licensed premises at any time: to investigate whether the licensable activities taking place or about to take place are licensed to check if the activities are in line with the licence conditions May enter at any time if they believe an offence under the Licensing Act is or is about to take place. KEY POINT It is an offence to prevent or obstruct police or authorised persons

Police powers Police or authorised persons may enter licensed premises at any time: The police may enter and search licensed premises if they suspect an offence under the Licensing Act 2003 is taking place or is about to take place The police do not need a search warrant to enter and search licensed premises A police officer may enter and search premises at any time if they have reason to believe that an offence under the Licensing Act has been or is about to be committed No search warrant is required Obstruction Reasonable force may be used by a police officer or authorised person. It is an offence to obstruct.

Who are authorised persons? The officials who have a right of entry are: Local authority licensing officer. Environmental health practitioner (EHP). Health and safety inspector. Fire safety officer. An immigration officer has the right of entry to licensed premises to investigate breaches of immigration laws including illegal working. Class Question Discuss what actions should be taken. Should the police or an authorised person visit licensed premises? Explain the need to cooperate with police, authorised persons or other officials. Some premises may have a policy on what action should be taken such as contacting the DPS, head office or senior management. What action should be taken if police or an authorised person visit licensed premises?

Keeping of smuggled goods An offence to keep smuggled goods on licensed premises HM Revenue and Customs have the right to enter and search licensed premises (not in 2003 Act) They can seize goods where duty has not been paid If entry required at night then must be accompanied by a police officer Section 144 of the Act It is an offence to knowingly keep or allow to be kept on licensed premises any smuggled goods which have been imported without payment of duty or unlawfully imported. HM Revenue and Customs are only interested in goods for which duty has not been paid. They will not check on the licensable activities. This is not included in the Act: Smuggled goods may be seized.

How much do you know? A police superintendent may apply to magistrates for a closure order requiring all licensed premises in a specific area to close for: Up to 12 hours No more than 5 days The correct answer is D. No more than 24 hours Up to 24 hours