Licensing (Combating Drug Abuse) Act, 1997
|
Amendment of section 51 of Act of 1890. |
11.—Section 51 of the Act of 1890 is hereby amended— | |
(a) in subsection 2, by the insertion of the following after “conditions”: | ||
“, which shall, where the court considers it appropriate to do so, include a condition that the person to whom the licence is being granted make all reasonable arrangements to ensure that persons entering or making use of such house, room, garden or place are not in possession of any controlled drug (within the meaning of section 2 of the Misuse of Drugs Act, 1977 ) and that the house, room, garden or place is not used for the sale, supply or distribution of any controlled drug,”. | ||
(b) by the substitution for subsection 5 of the following subsections: | ||
“5. If any house, room, garden or place is used for any of the purposes aforesaid without a licence under this section, the person who organised the singing, music or other public entertainment, as referred to in subsection 1, and the owner of such house, room, garden or place shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 3 years, or both. | ||
5A. In a prosecution for an offence under this section it shall be a defence for the owner to prove that he or she had no knowledge that his or her house, room, garden or place was to be used for any of the purposes aforesaid without a licence.”, | ||
and | ||
(c) the substitution for subsection 9 of the following subsections: | ||
“9. In case of any breach or disregard of any of the terms or conditions upon or subject to which the licence was granted, the holder thereof shall be liable on summary conviction to a fine not exceeding £1,500. | ||
9A. Whenever any person is convicted of an offence under subsection 9 the court by whom such person is so convicted— | ||
(a) may, in any case, and | ||
(b) shall, where the condition contravened relates to reasonable arrangements not having been made to ensure that persons entering or making use of the place were not in possession of any controlled drug and that the place was not used for the sale, supply or distribution of any controlled drug, | ||
in addition to or in lieu of imposing a fine, revoke the public music and singing licence relating to the place in respect of which such offence was committed.”. |