F1PART 4ACLOSURE OF LICENSED PREMISES

Annotations:

Closure of identified licensed premises

Consideration of closure order by court of summary jurisdiction69F

1

A relevant court of summary jurisdiction must as soon as reasonably practicable after receiving an application under Article 69E—

a

hold a hearing to consider whether it is appropriate to exercise any of the court's powers under paragraph (2) in relation to the closure order or any extension of it or the premises concerned; and

b

determine whether to exercise any of those powers.

2

The relevant court of summary jurisdiction may—

a

revoke the closure order and any extension of it;

b

order the premises to remain, or to be, closed for such period not exceeding 28 days as the court may order;

c

where an order under Article 44 has been made in respect of the premises—

i

revoke the order;

ii

modify the order, or in relation to the order, the hours mentioned in Article 44(2); or

iii

make the continuance of the order subject to such terms and conditions as the court thinks fit;

d

where an occasional licence has been granted in respect of the premises—

i

by order revoke that licence;

ii

by order revoke any other occasional licences granted in respect of those premises;

iii

order that the premises specified in the occasional licence shall not be premises for which an occasional licence may be granted.

3

In determining whether the premises will be, or will remain, closed, the relevant court of summary jurisdiction must—

a

consider whether closure is necessary in the interests of public safety because of disorder or likely disorder on, or in the vicinity of and related to, the premises; and

b

hear representations, if any, from the holder of the licence.

4

The relevant court of summary jurisdiction must notify the district commander for the police district in which the premises are situated of any decision it makes under this Article.

5

The holder of a licence or the licence holder's servant or agent shall be guilty of an offence if, without reasonable excuse, that person permits licensed premises to be open in contravention of an order under paragraph (2)(b) and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both.