Part 1Alcohol-related violence and disorder

Chapter 1Drinking banning orders

Orders made on application

5Variation or discharge of orders under s. 3 or 4

1

This section applies to a drinking banning order made under section 3 or 4.

2

The following persons may apply to the court which made the order for it to be varied or discharged by a further order—

a

the subject;

b

the relevant authority on whose application the order was made.

3

In the case of an order under section 3 made by a magistrates' court, the reference in subsection (2) to the court which made the order includes a reference to a relevant local court.

4

An application under subsection (2) to a magistrates' court has to be made by complaint.

5

The order may not be varied so as to extend the specified period to more than two years.

6

The order may not be discharged unless—

a

it is discharged from a time after the end of the period that is half the duration of the specified period; or

b

the relevant authority on whose application the order was made has consented to its earlier discharge.