An act to enable persons convicted of an offence under certain provisions of the criminal justice (public order) act 1994 to be excluded from entering licensed premises or premises (including a stall or vehicle) used for the sale of food or from areas in the vicinity of those premises; to provide for the closure of such premises at a specified time or for a specified period where necessary in the interests of the prevention of disorder or excessive noise arising in relation to those premises; and to provide for connected matters.
food premises, or a food stall or food vehicle, within the meaning of the Food Hygiene Regulations 1950 to 1989;
“closure order” means an order under section 5 for the closure of catering premises and includes such an order as affirmed, varied or extended under this Act;
“club” means a club registered under the Registration of Clubs Acts 1904 to 2000;
“licensed premises” means:
(a)
premises licensed for the sale of intoxicating liquor under the Licensing Acts 1833 to 2000,
(b)
premises licensed under the Public Dance Halls Act 1935 ,
(c)
premises licensed under the Gaming and Lotteries Acts 1956 to 1986,
(d)
a club;
“licensee” means:
(a)
in relation to licensed premises (other than a club), the holder of the licence,
(b)
in relation to a club, every person entered in the register of clubs as an official or member of its committee of management or governing body at the material time, and
(c)
in relation to other catering premises, the registered proprietor (within the meaning of the Food Hygiene Regulations 1950 to 1989) of the premises;
“manager” means any person who works in catering premises in a capacity which gives him or her authority to close the premises;
“vicinity”, in relation to catering premises, means land within a reasonable distance, not exceeding 100 metres, of the premises.
(2)
In this Act—
(a)
a reference to a section is to a section of this Act,
(b)
a reference to a subsection is a reference to the subsection of the section in which the reference occurs, and
(c)
a reference to an enactment is a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).
The District Court, on conviction of a person for an offence under section 4, 5, 6, 7, 8 or 9 of the Criminal Justice (Public Order) Act 1994 , may by order prohibit the person from entering or being in the vicinity of specified catering premises between such times, and during such a period, as the Court may specify.
(2)
Any period so specified shall not exceed 12 months and shall commence—
(a)
in case the person has been sentenced to imprisonment or detention for the offence, on the date of his or her release therefrom, or
(b)
in any other case, on the date of the order.
(3)
The governor or other person in charge of the place where a person who is subject to an order under subsection (1) is serving a sentence shall inform the Commissioner of the Garda Síochána of the date on which the person is to be released.
(4)
A person who, without reasonable excuse, does not comply with an order under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding €650 or imprisonment for a term not exceeding 3 months or both.
(5)
An appeal lies to the Circuit Court from an order under subsection (1).
(6)
In subsection (1) “offence” means an offence committed after the commencement of this Act.
Subject to subsection (2), a member of the Garda Síochána not below the rank of inspector may apply to the District Court for an order under section 5 (in this Act referred to as a “closure order”) in respect of catering premises if in the member's opinion—
(a)
(i)
there has been disorder either on the premises or in the vicinity of, and involving persons who were on, the premises, or
(ii)
noise emanating from the premises, or emanating from the vicinity of the premises and caused by persons who were on the premises, has been so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance to persons in that vicinity,
and
(b)
such disorder or noise is likely to recur.
(2)
An application for a closure order shall not be made unless a member of the Garda Síochána has served, either personally or by registered post, a notice in writing—
(a)
stating that in the member's opinion disorder or noise as mentioned in subsection (1) has occurred, and
(b)
requesting the licensee to take such action within the licensee's control as is necessary to prevent, as far as possible, a recurrence of the disorder or noise within such reasonable period after service of the notice, not being more than 7 days, as may be specified therein.
(3)
The application shall be on notice to the licensee or manager of the catering premises concerned.
