Council demands tougher powers to permanently shut down rogue shops
Newcastle-under-Lyme Borough Council is calling on the Government to give courts tougher powers to permanently close premises repeatedly linked to serious criminal activity.
The move forms part of the authority's campaign to drive rogue traders out of our town centres.
Full Council has backed a motion calling for stronger enforcement powers to tackle businesses selling illegal tobacco, illicit vapes and counterfeit goods, including discretionary permanent closure orders for the most persistent offenders.
The move follows successful enforcement action by the Council, working alongside Staffordshire County Council Trading Standards, which secured three-month court closure orders against Simba's on Newcastle High Street and Cobra Vape Shop this summer.
However, under existing legislation, closure orders are limited to three months, with the possibility of a further three-month extension. This means premises can eventually reopen, sometimes under a different trading name, despite previous enforcement action.
Council Leader Jonathan Gullis, who proposed the motion, said:
Our town centres should be places where families feel safe, children are protected and hardworking businesses can thrive, not a playground for rogue traders flogging illegal cigarettes, illicit vapes and counterfeit goods. This Council has already shown we will not sit back and tolerate it.
But the law must go further. Rogue operators should not be able to wait out a temporary closure, change the sign above the door and simply start all over again. Changing your shop’s name should not wipe the slate clean.
Residents expect us to protect their communities and restore pride in our high streets. We are doing our bit locally, and now the Government must give us the powers to finish the job.”
The motion welcomes Government proposals to increase the maximum duration of closure orders to 12 months but argues that further legislative changes are necessary to tackle persistent offenders.
It calls for magistrates to have the discretion to order the permanent closure of premises persistently or seriously used for criminal activity, where such action is considered necessary and proportionate.
Councillors are also seeking the introduction of a commercial landlord accountability scheme, modelled on existing powers relating to rogue residential landlords, to deter property owners from repeatedly letting premises to businesses subsequently subject to closure orders.
Further proposed reforms include allowing county council Trading Standards teams in two-tier local authority areas, such as Staffordshire, to exercise closure notice and closure order powers directly.
The motion also asks ministers to make criminal behaviour taking place on premises an explicit ground for issuing an initial closure notice, allowing enforcement agencies to act at an earlier stage.
As part of the Closed for Good campaign, Cllr Gullis will write on behalf of the authority to the Home Secretary, the Minister for Policing and fellow local authorities across Staffordshire to seek support for the proposed reforms.
The Borough's three Labour MPs – Adam Jogee, David Williams and Leigh Ingham – will also be invited to co-sign a joint letter to Government calling for tougher closure powers.