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(1)If a closure notice has been issued under section 1 a constable must apply under this section to a magistrates' court for the making of a closure order.
(2)The application must be heard by the magistrates' court not later than 48 hours after the notice was served in pursuance of section 1(6)(a).
(3)The magistrates' court may make a closure order if and only if it is satisfied that each of the following paragraphs applies—
(a)the premises in respect of which the closure notice was issued have been used in connection with the unlawful use, production or supply of a Class A controlled drug;
(b)the use of the premises is associated with the occurrence of disorder or serious nuisance to members of the public;
(c)the making of the order is necessary to prevent the occurrence of such disorder or serious nuisance for the period specified in the order.
(4)A closure order is an order that the premises in respect of which the order is made are closed to all persons for such period (not exceeding three months) as the court decides.
(5)But the order may include such provision as the court thinks appropriate relating to access to any part of the building or structure of which the premises form part.
(6)The magistrates' court may adjourn the hearing on the application for a period of not more than 14 days to enable—
(a)the occupier of the premises,
(b)the person who has control of or responsibility for the premises, or
(c)any other person with an interest in the premises,
to show why a closure order should not be made.
(7)If the magistrates' court adjourns the hearing under subsection (6) it may order that the closure notice continues in effect until the end of the period of the adjournment.
(8)A closure order may be made in respect of all or any part of the premises in respect of which the closure notice was issued.
(9)It is immaterial whether any person has been convicted of an offence relating to the use, production or supply of a controlled drug.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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