Closure Orders: A Complete Guide for Local Authorities under the Anti-social Behaviour Act

Introduction: What is a Closure Order?

A Closure Order is a legal tool under Part 4, Chapter 3 of the Anti-social Behaviour, Crime and Policing Act 2014.

It empowers local authorities and police to restrict access to premises associated with serious nuisance, disorder, or criminal activity such as drug dealing.

These orders aim to protect communities from persistent anti-social behaviour and criminality by temporarily closing problem properties.

Closure Orders are particularly effective in tackling:

• Drug-related activity (including Class A drug dealing and “cuckooing”).
• Persistent anti-social behaviour such as harassment, intimidation, or disorder linked to a property.

Legal Framework: Anti-social Behaviour, Crime and Policing Act 2014

The Anti-social Behaviour Act 2014 consolidated previous powers and introduced a streamlined process for closure actions. The relevant sections are:

• Section 76: Power to issue a Closure Notice (up to 48 hours).
• Section 80: Power of the Magistrates’ Court to grant a Closure Order (up to 3 months, extendable to 6 months). Details of ASB Powers can be found on the government site GOV.UK

Key Legal Tests

Before issuing a notice or applying for an order, authorities must be satisfied on reasonable grounds that:

1. The use of the premises has resulted in nuisance to the public or disorder in the vicinity, OR
2. There is likely to be such nuisance or disorder soon.
3. The notice/order is necessary to prevent recurrence of the nuisance or disorder.

Step-by-Step Process for Local Authorities

1. Closure Notice

• Issued by a local authority or police officer (Inspector rank or above).
• Duration: up to 48 hours.
• Effect: Prohibits access to the premises by all persons except those specified (usually owner or habitual residents).
• Requirements:
  • Inform owner, landlord, and occupiers.
  • Consult relevant agencies.
  • Include court hearing details and advice sources.

2. Application for Closure Order

• Must be made to the Magistrates’ Court within 48 hours of serving the notice.
• Court may grant an order if satisfied that:
  • Disorderly, offensive, or criminal behaviour occurred on the premises.
  • Use of premises caused serious nuisance to the public.
  • Order is necessary to prevent recurrence.
• Initial duration: up to 3 months, extendable to 6 months.

3. Enforcement

• Breach of a Closure Order is a criminal offence (up to 51 weeks imprisonment and/or fine).
• Police / local authority have powers of entry and may use reasonable force.

Operational Challenges: Stretched Police Resources

While the legislation anticipates joint working between local authorities and police, in practice, police resources are often stretched. This can mean:

• Limited availability for operational support during closure actions.
• Reduced ability to provide officers for enforcement or security during high-risk closures.

As a result, local authorities increasingly turn to specialist enforcement companies with experience in these complex cases. Firms like Quality Bailiffs provide trained enforcement teams who:

• Assist council officers during closure operations.
• Manage entry, security, and compliance with court orders.
• Handle challenging situations professionally and lawfully.

A recent Midlands council Community Safety Manager praised Quality Bailiffs after a difficult but successful closure:

“Thank you so much to you and the team of people who attended – I can honestly say without their assistance things wouldn’t have gone so smoothly.”

This highlights the growing role of specialist enforcement partners in ensuring closure orders are executed safely and effectively.

Case Study: Closure Order for Drug-Dealing Premises

Scenario:

A local authority receives multiple complaints about a property suspected of Class A drug dealing and associated anti-social behaviour (noise, intimidation, disorder).

Action Taken:

1. Evidence gathered: Police intelligence, resident statements (including hearsay evidence allowed).
2. Closure Notice served for 48 hours.
3. Application made to Magistrates’ Court under Section 80.
4. Court grants a Closure Order for 3 months, later extended to 6 months due to ongoing risk.

Operational Support:

Due to limited police availability, the council engaged Quality Bailiffs to assist with:

• Securing the property.
• Managing occupiers and preventing breaches.
• Providing reassurance to residents during enforcement.

Outcome:

• Immediate cessation of drug activity.
• Community safety restored.
• Landlord initiates possession proceedings under Ground 7A Housing Act 1988, leveraging the closure order.

Impact on Landlords and Tenants

• Closure Order does not terminate tenancy; rent continues to accrue.
• Landlords can seek possession using mandatory Ground 7A if closure order remains in effect for more than 48 hours.
• Tenants may challenge the order in court but must act quickly.

Best Practice Tips for Local Authorities

• Gather robust evidence (including hearsay).
• Consult agencies (housing, social services).
• Prepare operational plan for enforcement.
• Engage specialist enforcement partners where police support is limited.
• Ensure compliance with statutory guidance (Home Office ASB guidance).

Contact our Enforcement Experts

To discuss your requirements, contact one of our regional centres today to assist you with all aspects of enforcement quickly and efficiently.

Frequently Asked Questions

1. What is a Closure Order?
   A legal power under the Anti-social Behaviour Act allowing premises closure to prevent nuisance or disorder.
2. How long can a Closure Order last?Up to 3 months initially, extendable to 6 months by the Magistrates’ Court.
3. Who can apply for a Closure Order?
   Local authorities and police.
4. What happens if a Closure Order is breached?
   It is a criminal offence, punishable by up to 51 weeks imprisonment and/or a fine.

In Conclusion:

Closure Orders under the Anti-social Behaviour, Crime and Policing Act 2014 remain one of the most effective tools for tackling persistent nuisance and criminal activity linked to premises.

They provide local authorities with swift legal powers to protect communities, disrupt drug-related crime, and restore public confidence.

While operational challenges such as limited police resources persist, collaboration with specialist enforcement partners ensures these orders are implemented safely and effectively, delivering real results for residents and landlords alike.

About the author

This article was written by Andrew Coates, Authorised High Court Enforcement Officer and full member of The High Court Enforcement Officers Association, and current CEO of Quality Bailiffs.

Andy has a Level 4 diploma in High Court Enforcement, and over twenty five years of experience in the bailiff and investigation industry. He is a former governing council member of both CIVEA and ABI.

Disclaimer
This article provides general information and does not constitute legal advice. It is essential to consult with a qualified legal professional for advice tailored to your specific circumstances.

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