Licensing (Combating Drug Abuse) Act, 1997

Powers to remove persons preparing for or certain persons at an unlicensed dance.

12.—(1) Where a member of the Garda Síochána not below the rank of superintendent reasonably believes that persons—

(a) are making preparation for the holding of an unlicensed dance,

(b) who are present at an unlicensed dance which is in progress, prepared or organised that dance, or

(c) are using the sound equipment at an unlicensed dance,

he or she may give a direction that those persons and any other persons who come to prepare for or organise the dance are to leave the place and remove any sound equipment or other property which they have with them at that place.

(2) A direction under subsection (1) may be communicated to the persons referred to in that subsection by any member of the Garda Síochána at the scene.

(3) Persons shall be treated as having had a direction under subsection (1) communicated to them if reasonable steps have been taken to bring it to their attention.

(4) A direction under subsection (1) does not apply to an exempt person.

(5) A person knowing that a direction has been given which applies to him or her who—

(a) fails to leave the place as soon as reasonably practicable, or

(b) having left again enters the place within a period of 7 days beginning with the day on which the direction was given,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a period not exceeding 3 months, or both.

(6) In a prosecution for an offence under this section it is a defence for the accused to show that he or she had a reasonable excuse or had lawful authority for failing to leave the place as soon as reasonably practicable or, as the case may be, for again entering the place.

(7) Where a member of the Garda Síochána finds any person committing an offence under this section, the member may arrest such person without warrant.