|
|
|
Immediate closure order for failure or refusal to comply with direction
|
| |
4. (1) Where a specified person fails or refuses to comply with a direction of a member given in respect of a relevant premises, that member may request another member not below the rank of superintendent to authorise the first-mentioned member to issue an order (in this Act referred to as an “immediate closure order”) directing the specified person to close the premises for the remainder of the relevant period.
|
|
| |
(2) The member to whom a request is made under subsection (1) may authorise, orally or in writing, the issuing of an immediate closure order in accordance with that subsection where, having considered any information or report received (whether in person, in writing, on the telephone or otherwise) from the member who made the request, he or she is satisfied on the basis of that information or report that—
|
|
| |
(a) a relevant provision is not being complied with,
|
|
| |
(b) a direction referred to in that subsection is not being complied with, and
|
|
| |
(c) the giving of the authorisation is appropriate in the circumstances.
|
|
| |
(3) Where a member to whom a request is made under subsection (1) authorises the issuing of an immediate closure order, the member so authorising shall ensure that—
|
|
| |
(a) if given orally, the authorisation is recorded in writing as soon as practicable, and
|
|
| |
(b) the authorisation (if given in writing) or the record of the authorisation (if given orally) is signed and dated by the member and states—
|
|
| |
(i) the request made, the date and time the request was made and by whom, and
|
|
| |
(ii) the reason the authorisation was given by that member.
|
|
| |
(4) A specified person who fails without reasonable excuse to comply with an immediate closure order is guilty of an offence and is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months, or both.
|
|
| |
(5) In this section, “relevant period”, in relation to a relevant premises that is the subject of an immediate closure order, means where intoxicating liquor is sold or supplied for consumption on the premises—
|
|
| |
(a) under a licence—
|
|
| |
(i) the period on the day the order is issued during which access by members of the public to the premises may be lawfully permitted, and
|
|
| |
(ii) where such access is lawfully permitted to continue for any period after 12 midnight on that day, that period also,
|
|
| |
and
|
|
| |
(b) of a club—
|
|
| |
(i) the period on the day the order is issued during which such sale or supply to members of, and visitors to, the club may be lawfully permitted, and
|
|
| |
(ii) where such sale or supply is lawfully permitted to continue for any period after 12 midnight on that day, that period also.
|
