Criminal Justice (Enforcement Powers) (Covid-19) Act 2020
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Compliance notice | ||
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6. (1) A member not below the rank of superintendent may— | ||
(a) where an immediate closure order has been made in respect of a relevant premises, or | ||
(b) where a specified person fails or refuses to comply with a direction given in respect of a relevant premises but no immediate closure order was made in respect of such failure or refusal, | ||
issue a notice (in this Act referred to as a “compliance notice”) in writing to the licensee of the premises setting out the matters specified in subsection (3). | ||
(2) A compliance notice— | ||
(a) where subsection (1)(a) applies, shall be issued within 5 days from the making of the immediate closure order concerned, and | ||
(b) where subsection (1)(b) applies, shall be issued within 5 days from the giving of the direction concerned. | ||
(3) A compliance notice shall— | ||
(a) identify the relevant provisions that have not been or are not being complied with in respect of the relevant premises, | ||
(b) state the grounds upon which any direction, given to any specified person in respect of the premises prior to the issuing of the notice, was made, | ||
(c) require the licensee to comply with any such direction given to any specified person in respect of the premises forthwith and to comply with the relevant provisions, | ||
(d) inform the licensee that, if he or she continues to fail or refuse to comply with any such direction given or fails to comply with any of the relevant provisions, an application may be made, without further notice to him or her, to the District Court for a temporary closure order, and | ||
(e) inform the licensee of the bases for objection set out in paragraphs (c) and (d) (in so far as it relates to a temporary closure order) of section 11 (1), to the renewal of a licence at the sitting of the Annual Licensing Court or of the bases for objection set out in paragraphs (c) and (d) (in so far as it relates to a temporary closure order) in section 12 , to the renewal of a certificate of registration under section 3 of the Act of 1904, as the case may be. | ||
(4) A compliance notice shall take effect immediately upon service on the licensee. | ||
(5) A licensee may appeal a compliance notice under section 9 but the lodging of an appeal shall not, pending the outcome of the appeal, affect the operation of the notice. |