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Revocation of public dancing licence or public music and singing licence for allowing licensed premises to be used for sale, etc., of controlled drugs and disqualification for 5 years from holding either such licence.
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4.—(1) Subject to subsection (2), where, upon an application by a member of the Garda Síochána not below the rank of inspector, a judge of the District Court is satisfied that a person who is the holder of a public dancing licence or a public music and singing licence permits or suffers the use of the place in respect of which the licence, was granted for the sale, supply or distribution of any controlled drug or did not exercise control which was reasonable in all the circumstances over the place to prevent such sale, supply or distribution, the judge shall order that the licence be immediately revoked.
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(2) An application under subsection (1) shall not be made on the ground that the licence-holder did not exercise control which was reasonable in all the circumstances over the place to prevent the sale, supply or distribution of any controlled drug, unless a member of the Garda Síochána has previously—
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(a) advised the licence-holder that he or she has a reasonable suspicion that there was such sale, supply or distribution at the place,
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(b) warned the licence-holder to take whatever action was necessary to prevent such sale, supply or distribution, and
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(c) given the licence-holder a reasonable period of time, being not less than 4 weeks from the date of the warning, to enable the licence-holder to take whatever action was necessary to prevent such sale, supply or distribution.
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(3) Where a licence is revoked under this section, the person to whom the licence had been granted shall be disqualified from holding such a licence for a period of 5 years from the date of the order of revocation and the place in respect of which the licence applied shall not have a public dancing licence or a public music and singing licence, as the case may be, granted to it for a period of 5 years from the date of such order.
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(4) Where a licence is revoked under this section and the person to whom the licence had been granted was not the owner of the place in respect of which the licence applied, the provisions of subsection (3) relating to such place shall not apply where, on application to the court by the owner, the court is satisfied that the owner did not know and had no reason to suspect that the holder permitted or suffered the use of, or did not exercise control over, the place as referred to in subsection (1).
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(5) Any application under subsection (1) or (4) may be made at any time to the District Court for the licensing area in which the place to which the licence relates is situate.
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