(5) Condition C is that the court considers it necessary and proportionate to make the premises order for the purpose of preventing any prohibited activity from being carried on at any premises owned, leased, occupied, controlled or operated by the person.
(6) If a court makes a premises order based on condition A having been met, the premises notice is to be treated as having been withdrawn.
(7) A premises order may not be made against an individual who is under the age of 18.
(8) A premises order may be made only on an application made in accordance with section 21.
(9) In this section the “appropriate court” means—
- (a) in relation to England and Wales, a magistrates’ court;
- (b) in relation to Scotland, the sheriff;
- (c) in relation to Northern Ireland, a court of summary jurisdiction.
(10) Subsection (6) of section 14 (when a person “owns” premises) applies for the purposes of this section as it applies for the purposes of that section.
21Applications for prohibition orders and premises orders
(1) An application for a prohibition order under section 18 or a premises order may be made—
- (a) in England and Wales, by the chief officer of police for a police area,
- (b) in Scotland, by the chief constable of the Police Service of Scotland,
- (c) in Northern Ireland, by the chief constable of the Police Service of Northern Ireland,
- (d) in England and Wales or Scotland, by the chief constable of the British Transport Police Force,
- (e) by the Director General of the National Crime Agency,
- (f) by the Secretary of State by whom general customs functions are exercisable, or
- (g) by a local authority.
This is subject to subsection (2).
(2) Where an application is made based on a failure to comply with a prohibition notice or a premises notice (as the case may be), the application must be made—
- (a) where the notice was given by a constable, by the chief officer of police or chief constable (as the case may be) of the police force of which the constable was a member when the notice was given;
- (b) where the notice was given by a designated NCA officer, by the Director General of the National Crime Agency;
- (c) where the notice was given by a general customs official, by the Secretary of State by whom general customs functions are exercisable;
- (d) where the notice was given by a local authority, by that local authority.
(3) An application for a prohibition order under section 18 or a premises order is—
- (a) in England and Wales, to be made by complaint;
