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Discharge of closure orders by the court. |
25. - (1) Where a closure order has been made- |
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(a) any person on whom the closure notice concerned was served under section 21; or |
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(b) any person who has an interest in the premises in respect of which the closure order was made but on whom no closure notice was served, |
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may make a complaint to a justice of the peace acting for the petty sessions area in which the premises are situated for an order that the closure order be discharged. |
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(2) The court may not make an order under subsection (1) unless it is satisfied that the need for the closure order has ceased. |
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(3) Where a complaint has been made to a justice of the peace under subsection (1), the justice may issue a summons directed to such constable as he considers appropriate or (as the case may be) the local authority concerned requiring that person to appear before the magistrates' court to answer to the complaint. |
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(4) Where a summons is served in accordance with subsection (3), a notice stating the date, time and place at which the complaint will be heard shall be served on all persons on whom the closure notice concerned was served under section 21 (other than the complainant). |
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(5) The procedure on a complaint for an order under this section shall (except as otherwise provided) be in accordance with the Magistrates' Courts Act 1980. |
Appeals. |
26. - (1) An appeal against a closure order, an order under section 25(1) or a decision not to make an order under section 25(1) may be brought to the Crown Court at any time before the end of the period of 21 days beginning with the day on which the order or (as the case may be) the decision was made. |
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(2) An appeal under this section against a closure order may be brought by- |
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(a) any person on whom the closure notice concerned was served under section 21; or |
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(b) any person who has an interest in the premises in respect of which the closure order was made but on whom no closure notice was so served. |
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(3) On an appeal under this section the Crown Court may make such order as it considers appropriate. |
Enforcement of closure orders. |
27. - (1) Where a closure order has been made, a constable or an authorised person may (if necessary using reasonable force)- |
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(a) at any reasonable time enter the premises concerned; and |
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(b) having so entered the premises, do anything reasonably necessary for the purpose of securing compliance with the order. |
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(2) A constable or an authorised person seeking to enter any premises in exercise of his powers under subsection (1) shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of his authority, before entering the premises. |
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(3) Any person who intentionally obstructs a constable or an authorised person in the exercise of his powers under this section shall be guilty of an offence and shall be liable on summary conviction- |
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(a) where the offence was committed in respect of a constable, to imprisonment for a term not exceeding one month or to a fine not exceeding level 5 on the standard scale or to both; |
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(b) where the offence was committed in respect of an authorised person, to a fine not exceeding level 5 on the standard scale. |
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(4) A person who, without reasonable excuse, permits premises to be open in contravention of a closure order shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both. |
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(5) A person who, without reasonable excuse, otherwise fails to comply with, or does an act in contravention of, a closure order shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both. |
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(6) In this section "an authorised person" means a person authorised for the purposes of this section by a local authority in respect of premises situated in the area of the authority. |
Offences by body corporate. |
28. - (1) Where an offence under section 27 committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, he as well as the body corporate commits the offence and shall be liable to be proceeded against and punished accordingly. |
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(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. |
Service of notices. |
29. - (1) Any document required or authorised by virtue of sections 21 to 28 to be served on any person may be served- |
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(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; |
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(b) if the person is a body corporate other than a limited liability partnership, by serving it in accordance with paragraph (a) on the secretary of the body; |
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(c) if the person is a limited liability partnership, by serving it in accordance with paragraph (a) on a member of the partnership; or |
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(d) if the person is a partnership, by serving it in accordance with paragraph (a) on a partner or a person having the control or management of the partnership business. |
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(2) For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that- |
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(a) in the case of service on a body corporate (other than a limited liability partnership) or its secretary, it shall be the address of the registered or principal office of the body; |
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(b) in the case of service on a limited liability partnership or a member of the partnership, it shall be the address of the registered or principal office of the partnership; |
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(c) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership. |
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(3) For the purposes of subsection (2) the principal office of a company constituted under the law of a country or territory outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom. |
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(4) Subsection (5) applies if a person to be served under sections 21 to 28 with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined under subsection (2)) as the one at which he or someone on his behalf will accept documents of the same description as that document. |
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(5) In relation to that document, that address shall be treated as his proper address for the purposes of this section and section 7 of the Interpretation Act 1978 in its application to this section, instead of that determined under subsection (2). |
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(6) Where the address of the person on whom a document is to be served under sections 21 to 28 cannot be ascertained after reasonable inquiry, the document shall be taken to be duly served if a copy of it is fixed in a conspicuous position on the premises which are alleged to have been used for the unlicensed sale of intoxicating liquor. |
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(7) Where the name of the person on whom a document is to be served under sections 21 to 28 cannot be ascertained after reasonable inquiry, the document shall be taken to be duly served if a copy of it is served in accordance with this section using an appropriate description for the person concerned. |
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(8) This section does not apply to any document if rules of court make provision about its service. |
Sections 21 to 29: interpretation. |
30. - (1) In sections 21 to 29 and this section- |
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"closure notice" means a notice under section 21(1) or (2); |
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"closure order" means an order under section 23; |
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"intoxicating liquor" has the same meaning as in the Licensing Act 1964; |
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"notice" means notice in writing; |
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"premises" includes any land or other place (whether enclosed or otherwise); |
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"sale" includes exposure for sale; and |
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"unlicensed sale" means any sale which is in contravention of section 160 of the Act of 1964 (selling liquor without licence). |
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(2) In sections 21 to 29 "local authority" means- |
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(a) in relation to England- |
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(iii) a London borough council;
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(iv) the Common Council of the City of London in its capacity as a local authority;
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(v) the Council of the Isles of Scilly;
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(b) in relation to Wales, a county council or a county borough council. |
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(3) References in sections 21 to 29 to a person who has an interest in the premises are references to any person who is the owner, leaseholder or occupier of the premises. |
| Other provisions for combatting alcohol-related disorder |
Confiscation of alcohol containers from young persons. |
31. In section 1(1) of the Confiscation of Alcohol (Young Persons) Act 1997 (things to be surrendered to a constable) after "intoxicating liquor", where it appears for the third time, there shall be substituted "or a container for such liquor (other than a sealed container)". |