Misuse of Drugs (Supervised Injecting Facilities) Act 2017
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Grant of licence | ||
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3. (1) On application made to the Minister in accordance with section 2 , the Minister may grant a licence to operate a supervised injecting facility in respect of a premises where the Minister is satisfied that— | ||
(a) the application complies with that section, | ||
(b) the premises concerned are suitable for the operation of a supervised injecting facility, | ||
(c) the applicant is capable of complying with any conditions imposed by the Minister on the licence and any requirements imposed by or under any enactment, | ||
(d) the experience and expertise of the applicant is relevant to the operation of a supervised injecting facility, and | ||
(e) the applicant is a fit and proper person to hold a licence under this section. | ||
(2) When determining whether or not to grant a licence in accordance with subsection (1) the Minister may consult such persons as the Minister considers appropriate, including the Executive and An Garda Síochána. | ||
(3) The Minister shall not grant a licence under this section except where the Minister has consulted the Executive about the appropriateness of such a facility and the Executive has advised that— | ||
(a) there are appropriate protocols in place for the operation and clinical governance of the supervised injecting facility, | ||
(b) the premises proposed for the supervised injecting facility are fit for the purpose, and | ||
(c) the level and nature of drug use indicated, including the presence of any apparatus, equipment or thing reasonably associated with the consumption of drugs by injection, is such that it would be appropriate for the Minister to grant a licence to the applicant for those premises, or | ||
(d) any available information relating to the number of persons who consume drugs by injection, or the number of overdoses or deaths that occur as a result of the consumption of drugs, if any, suggests that the consumption of drugs by injection is such that it would be appropriate for the Minister to grant a licence to the applicant for those premises. | ||
(4) A licence shall specify the premises in respect of which it is granted and the name and address of the licence holder. | ||
(5) A licence shall remain in force for the time period specified in the licence or until surrendered by the licence holder or suspended or revoked by the Minister. | ||
(6) The Minister may attach such conditions to the licence in respect of the operation of a supervised injecting facility as are, in the Minister’s opinion, necessary and may consult the Executive, An Garda Síochána or such other persons as the Minister considers appropriate in relation to such conditions. | ||
(7) A licence which would be in force but for the expiration of the period referred to in subsection (5) shall continue in force for such further period as the Minister may specify on the advice of the Executive and An Garda Síochána. |