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Application for emergency closure order for failure or refusal to comply with more than one direction
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5. (1) A member not below the rank of superintendent may apply ex parte to the District Court, at the next available sitting of that Court, for an order (in this Act referred to as an “emergency closure order”) for the temporary closure of a relevant premises, for a period not exceeding 72 hours, where—
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(a) one, or more than one, specified person fails or refuses to comply with a direction given during 2 or more separate relevant periods in respect of the premises, and
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(b) in light of such failure or refusal, the member is of the opinion that such failure or refusal is continuing or is likely to recur.
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(2) An application under subsection (1) shall be made on the sworn information of the member concerned and shall state the basis on which the application is made.
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(3) The District Court may, in any case where it considers it appropriate to do so, adjourn the hearing of an application made under subsection (1) and direct that the licensee be notified of the date of the adjourned hearing and served with a copy of the sworn information.
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(4) The District Court may make an emergency closure order where the Court is satisfied that, in relation to a particular relevant premises—
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(a) there has been a failure or refusal by one, or more than one, specified person to comply with a direction given during 2 or more separate relevant periods in respect of the premises,
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(b) such failure or refusal is continuing or is likely to recur, and
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(c) the making of the order is appropriate in the circumstances.
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(5) An emergency closure order—
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(a) may apply to the whole or part of a relevant premises,
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(b) shall specify the ground or grounds for making it, and
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(c) shall specify the date on which, and the time on that date from which, the order is to take effect.
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(6) Where an application is heard ex parte, a member shall notify the licensee concerned forthwith of the making of an emergency closure order and shall, at the same time, provide a copy of the sworn information to the licensee.
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(7) Subject to subsection (8), where an emergency closure order has been made ex parte, the licensee may apply to the District Court to have the order discharged.
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(8) An application under subsection (7) may only be made where the licensee has notified the member in charge for the licensing area in which the relevant premises are situate of the making of the application not less than 6 hours prior to the sitting of the District Court at which the application is to be made and such notification shall be in writing.
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(9) The District Court shall, on application to it under subsection (7), discharge the order where the licensee proves to the satisfaction of the Court that any directions given to any specified person in respect of the relevant premises have and continue to be complied with.
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(10) The District Court may, on application to it under subsection (7), discharge the order where—
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(a) the licensee gives an undertaking to the Court that the relevant provisions will be complied with in respect of the premises, and
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(b) the Court is satisfied that the discharge of the order is appropriate in the circumstances.
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(11) This section applies whether or not a compliance notice has been issued in respect of the relevant premises concerned.
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(12) In this section, “relevant period”, in relation to a relevant premises, means where intoxicating liquor is sold or supplied for consumption on the premises—
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(a) under a licence—
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(i) the period of a day during which access by members of the public to the premises may be lawfully permitted, and
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(ii) where such access is lawfully permitted to continue for any period after 12 midnight on that day, that period also,
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and
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(b) of a club—
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(i) the period of a day during which such sale or supply to members of, and visitors to, the club may be lawfully permitted, and
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(ii) where such sale or supply is lawfully permitted to continue for any period after 12 midnight on that day, that period also.
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