Exclusion from licensed premises and criminal behaviour orders available on conviction
Produced in partnership with Stan Reiz QC of 2 Bedford Row

The following Corporate Crime practice note produced in partnership with Stan Reiz QC of 2 Bedford Row provides comprehensive and up to date legal information covering:

  • Exclusion from licensed premises and criminal behaviour orders available on conviction
  • Exclusion from licensed premises
  • Meaning
  • Procedure
  • Ancillary to sentence
  • Duration
  • Breach
  • Power to expel from licensed premises
  • Criminal behaviour orders available on conviction
  • Ground for making a CBO on conviction
  • More...

Exclusion from licensed premises and criminal behaviour orders available on conviction

Exclusion from licensed premises

Meaning

An order under the Licensed Premises (Exclusion of Certain Persons) Act 1980 (LP(ECP)A 1980) excluding a defendant from licensed premises prohibits that person from entering the premises where the offence occurred or any other licensed premises specified in the order without the express consent of the licensee or the licensee’s agent.

In R v Grady (1990) 12 Cr App Rep (S) 152 (not reported by LexisNexis®), which was decided before the enactment of the Licensing Act 2003, it was held that ‘licensed premises’ meant premises in respect of which a justices’ on licence was in force.

Procedure

A court may make an exclusion order under LP(ECP)A 1980 where a defendant is convicted of an offence committed on licensed premises and the court is satisfied that in committing that offence the defendant resorted to violence, or offered or threatened to resort to violence.

An exclusion order may be made by the court of its own motion or on the application of the prosecutor. The CPS Legal Guidance for prosecutors suggests that it is undesirable for a third party who is not a victim or party to the proceedings to make an application for an exclusion order; the normal procedure should be for such an interested party to make such representation to the

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