Criminal Justice (Enforcement Powers) (Covid-19) Act 2020
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Application to District Court for temporary closure order for failure or refusal to comply with compliance notice | ||
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7. (1) A member not below the rank of superintendent may apply to the District Court for an order (in this Act called a “temporary closure order”) for the temporary closure of a relevant premises where he or she is of the opinion that— | ||
(a) there has been a failure to comply with a compliance notice, and | ||
(b) that such failure to comply is continuing or is likely to recur. | ||
(2) An application under subsection (1) shall be made on not less than 5 days notice to the licensee of the relevant premises. | ||
(3) Notwithstanding anything contained in the Rules of Court, not less than 7 days notice of an application under subsection (1) shall be given to the District Court. | ||
(4) The District Court shall give such priority to an application under subsection (1) as is necessary in the circumstances and may give such directions with regard to the hearing of the application as it considers appropriate in the circumstances. | ||
(5) Upon the hearing of an application under subsection (1), the District Court may make a temporary closure order where the Court is satisfied that— | ||
(a) there has been a failure by a licensee to comply with a compliance notice in respect of a relevant premises, | ||
(b) that failure is continuing or is likely to recur in respect of the relevant premises concerned, and | ||
(c) the making of the order is appropriate in the circumstances. | ||
(6) In determining whether to make a temporary closure order under this section, the District Court may take into account the conduct of any specified person regarding the operation of the relevant premises in response to any direction, immediate closure order, emergency closure order or compliance notice in respect of the premises. | ||
(7) Subject to subsection (8), a temporary closure order shall have effect to order the closure of the relevant premises for such period— | ||
(a) not exceeding 7 days in the case of the first such order made in respect of that premises, and | ||
(b) not exceeding 30 days in the case of the second or subsequent such order made in respect of that premises. | ||
(8) The court may, if it considers appropriate to do so, having regard to any mitigating circumstances and any undertaking given to the court in relation to future compliance with the relevant provisions, suspend, for such period as it considers appropriate, the operation of the order. | ||
(9) During any period that the operation of a temporary closure order stands suspended in accordance with subsection (8) , a member not below the rank of superintendent may, on notice to the licensee, make an application to the District Court to revoke the suspension where he or she is of the opinion that— | ||
(a) an undertaking, given in accordance with that subsection, is not being complied with, or | ||
(b) there has been a change in the mitigating circumstances referred to in that subsection and some or all of those circumstances no longer apply. | ||
(10) The Court shall, where it is satisfied that either of the matters set out in paragraph (a) or (b) of subsection (9) apply, revoke the suspension unless the court considers it would be unjust in all the circumstances to do so. | ||
(11) A temporary closure order— | ||
(a) may apply to the whole or a part of a relevant premises, | ||
(b) shall specify the ground or grounds for making it, and | ||
(c) shall specify the date on which, and the time on that date from which, the order is to take effect. | ||
(12) A member shall notify the licensee concerned of the making of a temporary closure order but, if the licensee (which in the case of a club, means one of the people referred to in paragraph (b) of the definition of “licensee”) or a legal representative (being a practising barrister or practising solicitor, both within the meaning of the Legal Services Regulation Act 2015 ) of the licensee is present at the sitting of the District Court at which that order is made, the licensee shall be taken to have been notified of its making for the purposes of this subsection. |