Criminal Justice (Public Order) Act 2003
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Closure order. |
5.—(1) If on an application under section 4 the District Court is satisfied— | |
(a) that disorder or noise as referred to in subsection (1) of that section has occurred and is likely to recur, and | ||
(b) that the making of a closure order is necessary to prevent a recurrence of the disorder or noise, | ||
the Court shall make a closure order in respect of the catering premises concerned. | ||
(2) A closure order shall order the closure of catering premises— | ||
(a) at a specified time or between specified times on a specified day or days during a specified period, or | ||
(b) for a period— | ||
(i) not exceeding 7 days in the case of the first such order, or | ||
(ii) not less than 7 and not exceeding 30 days in the case of a second or subsequent order. | ||
(3) On making a closure order the Court may, having regard to the particular circumstances of the case, order that the licensee shall, within a specified period, comply with specified requirements in relation to the catering premises concerned, including, as appropriate, a requirement to install a closed circuit television system, restrict the type of substances to be sold or limit the number of persons to be admitted. | ||
(4) A person who, without reasonable excuse, does not comply with an order under subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding €650 or imprisonment for a term not exceeding 3 months or both. | ||
(5) In determining whether to make a closure order the Court may take into account any conduct of the licensee or a manager or other person employed by the licensee in relation to the operation of the premises concerned. | ||
(6) A closure order— | ||
(a) may apply to the whole or part of catering premises, | ||
(b) shall specify the ground or grounds for making it, and | ||
(c) shall come into force when written notice of its making is given by a member of the Garda Síochána to the licensee or manager of the premises concerned. | ||
(7) While a closure order is in force, a notice specifying the closure times or the period of closure under the order and the grounds for making it shall be affixed by the licensee to the exterior of the premises concerned in a conspicuous place. | ||
(8) No employee who is working in the premises to which a closure order applies shall be disadvantaged in his or her employment by reason of the order or during the period of closure under it. | ||
(9) The reference in subsection (8) to an employee is a reference to either a full-time employee or a part-time employee within the meaning of the Protection of Employees (Part-Time Work) Act 2001 . | ||
(10) A person who contravenes subsection (7) is guilty of an offence and liable on summary conviction to a fine not exceeding— | ||
(a) for a first offence, €300, or | ||
(b) for a second or subsequent offence, €600. |