XN000022-1988-06-24 — Page 8

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FRIDAY, JUNE 24, 1988

LEGISLATION IN HAND TO CLOSE UNLICENSED RESTAURANTS

A BILL SEEKING TO ENABLE STAFF OF THE URBAN AND REGIONAL SERVICES DEPARTMENTS ΤΟ PHYSICALLY CLOSE PERSISTENTLY OFFENDING UNLICENSED FOOD PREMISES OR VESSELS UNDER THE PUBLIC HEALTH AND MUNICIPAL SERVICES ORDINANCE WAS GAZETTED TODAY (FRIDAY).

то PROTECT UNLICENSED CURRENTLY COUNCIL)

A MUNICIPAL SERVICES BRANCH SPOKESMAN SAID THAT PUBLIC HEALTH AND SAFETY AND TO DISCOURAGE OPERATION OF FOOD BUSINESSES, OPERATORS OF SUCH BUSINESSES WERE PROSECUTED UNDER THE FOOD BUSINESS (URBAN COUNCIL)/(REGIONAL BY-LAWS.

"IF THE LICENCE HAS NOT BEEN ISSUED UPON THE SECOND CONVICTION, THE URBAN SERVICES DEPARTMENT OR THE REGIONAL SERVICES DEPARTMENT WOULD APPLY TO THE COURT FOR A PROHIBITION ORDER UNDER SECTION 128 OF THE ORDINANCE," THE SPOKESMAN SAID.

"HOWEVER, PROHIBITION ORDERS HAVE NOT PROVED то BE EFFECTIVE IN DETERRING THE ILLEGAL FOOD OPERATORS FROM CONTINUING WITH THE UNLICENSED FOOD BUSINESSES.

"SECTION 128 OF THE ORDINANCE EMPOWERS A MAGISTRATE, UPON APPLICATION BY THE URBAN COUNCIL OR REGIONAL COUNCIL, TO PROHIBIT THE USE OF THE PREMISES OR VESSEL FOR ALL OR ANY PURPOSES

(A PROHIBITION ORDER), OR TO MAKE AN ORDER TO CLOSE UNLICENSED PREMISES OR VESSELS EITHER WHOLLY OR IN PART (A CLOSURE ORDER).

"AS THIS SECTION CONTAINS NO PROVISION ENABLING THE DEPARTMENTS TO CARRY OUT THE CLOSURE ORDERS BY PHYSICALLY CLOSING PREMISES OR VESSELS, THE LAW HAS TO BE AMENDED TO THIS EFFECT,'

THE SPOKESMAN POINTED OUT THAT UNDER THE NEW PROCEDURE A CLOSURE ORDER COULD ONLY BE MADE CONSEQUENTIAL TO TRE BREACH OF A PROHIBITION ORDER.

REQUIRING

THE

HE SAID THE BILL WOULD ALSO INCLUDE A PROVISION COURT TO MAKE A PROHIBITION OR CLOSURE ORDER ONLY WHEN IT WAS SATISFIED THAT AT LEAST 14 DAYS' NOTICE OF INTENTION TO APPLY FOR THE ORDER HAD BEEN GIVEN.

"MOREOVER, THE COURT WOULD PROVIDE ANY INTERESTED PARTY WITH AN OPPORTUNITY TO BE HEARD UPON THE MAKING OF A PROHIBITION OR CLOSURE ORDER AND THE OCCUPIER OF THE PREMISES OR VESSEL WOULD THEN HAVE SEVEN DAYS TO COMPLY WITH THE ORDER, HE SAID.

IN

BE

"TO FACILITATE THE WORK OF STAFF OF THE DEPARTMENTS CARRYING OUT THE CLOSURE ORDERS, AUTHORISED PUBLIC OFFICERS WOULD EMPOWERED TO ARREST PERSONS WHO UNLAWFULLY ENTER OR REMAIN ON CLOSED PREMISES OR VESSEL, WITH POLICE ASSISTANCE WHERE NECESSARY."

/FOR THE