Closure Orders: A powerful tool for Trading Standards

As Trading Standards Officers, we have a number of ways we can disrupt crime, one of them being the power of a Closure Order. But it is important to understand how Closure Orders work, their benefits, challenges and the practical realities of using them on the ground.

Closure Orders have increasingly become one of the most robust enforcement tools available to Trading Standards teams across the UK. Rooted in the Antisocial Behaviour, Crime and Policing Act 2014, these orders can shut down premises linked to persistent nuisance, disorder, criminality or illicit trading activity.

For Trading Standards Officers dealing with repeat Offenders such as rogue retailers selling illicit tobacco and vapes, Closure Orders offer an impactful route to disrupt offending and protect local communities.

What Are Closure Orders?

Under Part 4, Chapter 3 of the Antisocial Behaviour, Crime and Policing Act 2014, a Closure Order is a Court authorised restriction that can partially or fully close premises for up to three months (extendable to six). It follows the issuing of a Closure Notice, which lasts up to 48 hours and can be authorised by local authorities or Police.

Closure Orders can be used when:

• The premises has been associated with serious nuisance, disorder or illegal activity, or

• Such nuisance, disorder or illegal activity is likely to occur without intervention.

Trading Standards teams across the country are increasingly using these powers to tackle persistent unlawful trading, including the sale of illegal tobacco and repeated underage sales.

As with all legal tools we use, there are some operational challenges to consider. You will need to ensure you have considered any safeguarding needs of residential residents. How will you monitor compliance? And how are you going to ensure that the closure genuinely reduces nuisance, not shifts it elsewhere?

Full vs Partial Closure Orders

A vital part of planning a Closure Order application is determining whether a full or partial closure is appropriate. Both have distinct advantages and operational considerations, and it is very important to take all matters into consideration.

Full Closure Orders

A full closure prohibits all access to the premises. No one may enter for the duration of the order, including the business owner, occupants, customers or visitors. This is the most severe form of closure.

Full closures are typically sought when:

• The premises is the primary site of criminality, such as persistently offering illegal tobacco for sale or drug-related activity.

• There is a serious and ongoing risk to the public.

• Previous attempts at engagement, warnings or partial restrictions have failed.

• The offending behaviour is linked directly to the ongoing operation of the premises.

Full closures are powerful because they immediately halt the problematic activity and prevent offenders from using the site as a base.

Partial Closure Orders

A partial closure allows some individuals (usually lawful residents or property owners) to remain living in or accessing the premises. It restricts entry to everyone else (tenant of the property, customers etc).

These are especially relevant in cases involving:

• Residential properties where vulnerable occupants live, or shops with residential property attached.

• Situations where only certain individuals (e.g. exploiters, offenders, or problematic associates) are responsible for the nuisance, rather than the lawful owner of the premises.

• Cases of cuckooing, where criminals take over a vulnerable person’s home for the purposes of criminal activity.

A partial closure is appropriate when shutting the entire premises would cause undue hardship or endanger residents, or the property itself is not inherently problematic, but specific individuals are (rented retail space for example).

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The Process: From Evidence to Court

To obtain a Closure Order, there are strict steps you must undertake. It is important to consult with your upper Management structure, and your legal department before undertaking any part of the process.

1. Evidence Gathering

Strong evidence is essential — test purchases, seizure logs, witness statements, intelligence and CCTV. Poor preparation can lead to delays, missed opportunities, or failed applications.

2. Closure Notice (48 hours)

When you are ready to progress the matter through the Courts, a temporary measure prohibiting access except for specified individuals may be issued. You must notify owners and all occupiers of the property of your intentions and clearly outline court hearing details. It is wise to have a Court date before issuing this Notice.

3. Application for a Closure Order

One you have issued your Closure Notice, you must attend the Magistrates’ Court within 48 hours to seek the Closure Order. If the statutory tests are met, the court can issue a full or partial order, with the initial duration is up to 3 months.

4. Enforcement

A breach of a Closure Notice or Closure Order is a criminal offence. Police/Local Authorities can use reasonable force to secure premises and respond to breaches.

Pros v Challenges of Using Closure Orders

There will always be pros and challenges to the use of Closure Orders. On one side of the argument, they help to build strong community protection, they are effective against persistent offenders and offer flexibility with the option of full or partial closures available.

However, there are challenges to consider. They are evidence intensive and require Police resources, which may be limited. They can be complex if the premises contains residential access and it is important to remember that post-order management is essential to prevent recurrence. Closure Orders require careful consultation and communication, and your legal department and Magistrates Court may not have experience with Closure Orders.

Final Thoughts

As a Trading Standard Officer, I see the strong benefits to considering Closure Orders. They achieve immediate disruption of illegal and harmful activity, are highly disruptive to Offenders, especially repeat sellers of illegal tobacco and vapes and they play a crucial part in protecting communities and legitimate businesses. Closure Orders, both full and partial, offer Trading Standards a powerful set of tools to disrupt harmful activity at premises that repeatedly cause serious nuisance or disorder. While demanding in terms of evidence, coordination and aftercare, they can deliver immediate and significant community benefits.

Used effectively, these orders can transform communities, restore confidence and create lasting change.

For further information on Closure Orders, reach out to your Regional Tobacco Officer.

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Further Reading

Antisocial Behaviour, Crime and Policing Act 2014

Part 4, Chapter 3 of the Antisocial Behaviour, Crime and Policing Act 2014