Leeds City Council v Persons Unknown

The areas subject to the closure orders were not 'premises' within the meaning of Part 4 Chapter 3 of the 2014 Act, as they were not objectively identifiable properties or parts of properties but rather areas or highways. Further, closure orders cannot lawfully be framed to prohibit access only in specified circumstances or to specified persons; they must be framed as prohibiting access by all persons except those specified, at all times except those specified, or in all circumstances except those specified. The appeal was therefore dismissed.

Parties: Appellant: Leeds City Council; Respondent: Persons Unknown
Jurisdiction: England and Wales
Judgment Date: 11 September 2024
Procedural Posture: Case Stated Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Closure Orders, Statutory Interpretation, Anti Social Behaviour, Public Spaces Protection Orders (pspos)

Administrative Law Local Government Law Criminal Law Closure Orders Statutory Interpretation Anti Social Behaviour Public Spaces Protection Orders (pspos)

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Parties

Leeds City Council

Appellant

Persons Unknown

Respondent

Procedural Posture

Case Stated Appeal / Judgment on Appeal

Legal Issues

1 Whether the areas subject to closure orders constitute 'premises' under Part 4 Chapter 3 of the Anti-Social Behaviour, Crime and Policing Act 2014
2 Whether closure orders can be framed to prohibit access only in specified circumstances or to specified persons, or must be framed as 'all-except-this' prohibitions

Ratio Decidendi

Court Disposition

appeal dismissed