Seanad debates
Thursday, 15 May 2003
Criminal Justice (Public Order) Bill 2002: Second Stage.
The power of closure only comes into operation where prior warning has been given and the advice ignored. The court has a range of remedies for how to deal with this issue. The Bill outlines serious consequences for owners of premises not in compliance with the legislation. The ultimate sanction is for a judge to close premises should he or she feel it necessary in order to avoid a recurrence. It is difficult to define how much is within the control of the owner of the premises. Once people leave it can be difficult for an owner to exercise control. In many cases disorder occurs when individuals congregate in another area adjacent to the premises. The Garda has a role to play in ensuring there are mechanisms in place. The Cork experience has given rise to codes of best practice and good initiatives which could be extended to other areas. What happens in a case where an owner proves unable to avoid a disturbance despite his or her best efforts?
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