DCMS issues guidelines on Criminal Justice and Police Act powers
The Department of Culture, Media and Sport (DCMS) has issued guidance on how the powers contained in the Criminal Justice and Police Act should be enforced.
The Act, which comes into force on December 1, gives police the power to close down pubs if there is disorder in or near them.
The guidance includes requirements that police officers must prove any disorder is connected to the pub in question before they can use their powers.
The trade had been concerned the police could abuse these powers and shut down pubs with a history of trouble, without waiting for new incidences of disorder.
It was also concerned that 24-hour closures would cause a big loss of trade for a licensee - particularly if the pub were to be closed during a busy period, which is most likely.
Guidance notes have now been issued to the Magistrates Courts Committee as well as to the Chief Officer of Police and councils across England and Wales.
The guidance explains the new law and how it should be enforced. It clarifies the reasons for police making a closure order and explains how long the order should be in force.
It also warns police that a closure order can only be made and served when officers believe there is disorder, not in advance - something that will reassure licensees.
It recommends that if police believe a pub is showing signs of becoming disorderly, officers should warn the licensee to take appropriate steps - which could mean a closure order is not necessary.
The guidance notes are available at the DCMS's website at www.culture.gov.
Related stories:
Our legal team take a look at the powers police will have with the introduction of the Criminal Justice and Police Act - take a look at how it will affect you.
