Anti-Social Behaviour Act 2003

Anti-Social Behaviour Act 2003

2003 CHAPTER 38

Commentary on Sections

Part 1: Premises Where Drugs Used Unlawfully

Section 5: Extension and discharge of closure order

18. This section allows the police to apply for an extension of the period for which the order has effect up to a maximum period of 6 months (including the period for which the original order(s) had effect). Such an application must be authorised by a superintendent (or police officer of higher rank), who must:

• have reasonable grounds for believing that the extension of the order is necessary for the purpose of preventing the occurrence of disorder or serious nuisance to the public; and

• be satisfied that the local authority has been consulted about the intention to make the application.

19. Subsection (6) allows a constable, the local authority, persons on whom the closure notice was served under section 1 and any other person with an interest in the closed premises to apply for the order to be discharged at any time. Subsection (9) sets out requirements relating to the service of notice on persons summoned to appear before the court under this section.