Criminal Justice (Enforcement Powers) (Covid-19) Act 2020
I mbeagán focal
This law makes special provisions to enforce compliance with public health requirements related to Covid-19 in places where alcohol is sold for consumption on the premises. It introduces additional powers for law enforcement to ensure these premises follow health regulations.
Cad a rialaíonn sé
- Entry and inspection of premises by Gardaí.
- Issuing immediate closure orders for non-compliance with directions.
- Applications for emergency or temporary closure orders for repeated non-compliance.
- Grounds for objecting to the renewal of licences for premises and certificates for clubs.
Cé dó a mbaineann sé
- Licensees of premises where intoxicating liquor is sold or supplied for consumption on the premises.
- Clubs registered under the Registration of Clubs Acts.
- Members of the Garda Síochána.
Príomhphointí
- A member of the Garda Síochána can enter and inspect relevant premises without a warrant at any time.
- Failure to comply with a direction from a Garda can lead to an "immediate closure order" for the remainder of the relevant period.
- Repeated failure to comply with directions can lead to an "emergency closure order" for a period not exceeding 72 hours, issued by the District Court.
- Obstructing a Garda in their duties under this Act is an offence, liable on summary conviction to a class C fine.
Legal text
Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2020 Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 14 of 2020 CRIMINAL JUSTICE (ENFORCEMENT POWERS) (COVID-19) ACT 2020 CONTENTS Section 1. Interpretation 2. Application of Act 3. Entry, inspection, etc., of relevant premises by member 4. Immediate closure order for failure or refusal to comply with direction 5. Application for emergency closure order for failure or refusal to comply with more than one direction 6. Compliance notice 7. Application to District Court for temporary closure order for failure or refusal to comply with compliance notice 8. Emergency closure order and temporary closure order: applicable provisions 9. Appeal against compliance notice 10. Appeal against temporary closure order 11. Grounds for objection to renewal of licences 12. Grounds for objection to renewal of certificates under Act of 1904 13. Amendment of section 31A of Health Act 1947 14. Liability for offences by bodies corporate 15. Exercise of jurisdiction by District Court and Circuit Court 16. Service of documents 17. Short title and operation Acts Referred to Courts (No. 2) Act 1986 (No. 26) Health Act 1947 (No. 28) Legal Services Regulation Act 2015 (No. 65) Registration of Clubs (Ireland) Act 1904 (4 Edw. 7, c. 9 Registration of Clubs Acts 1904 to 2008 Number 14 of 2020 CRIMINAL JUSTICE (ENFORCEMENT POWERS) (COVID-19) ACT 2020 An Act to make exceptional provision, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19 and in order to mitigate, where practicable, the effect of the spread of that disease, to provide for additional enforcement measures in respect of certain premises where intoxicating liquor is sold or supplied for consumption on the premises to ensure compliance with certain requirements, imposed by or under the Health Act 1947 , breaches of which constitute criminal offences; to provide for additional bases for objection on the ground of good character to renewal of licences for certain premises; to provide for additional bases for objection on the ground of character to renewal of certificates of registration for clubs; to amend the Health Act 1947; and to provide for related matters. [11th September, 2020] WHEREAS an emergency has arisen and continues in the State by virtue of the spread of the disease known as Covid-19; AND WHEREAS the State is and its citizens are, in significant respects, highly exposed to the effect of the spread of that disease; AND WHEREAS the State, having regard to the need to preserve and protect public health, has introduced a range of extraordinary measures and safeguards to prevent, minimise, limit or reduce the risk of persons being infected with that disease; AND WHEREAS the emergency that has arisen and continues is of such a character that it is necessary for compelling reasons of public interest and for the common good to provide in this Act for additional powers of enforcement of certain of those extraordinary measures and safeguards in relation to certain premises where intoxicating liquor is sold or supplied for consumption on the premises; AND WHEREAS it is necessary to provide for those additional powers of enforcement in relation to such premises in order to assist and support the State’s efforts to promote and maintain the normal functioning of society, to protect the gradual re-opening of society and, to the greatest extent possible, to avoid the imposition or re-imposition of restrictions thereon. Be it enacted by the Oireachtas as follows: Interpretation 1.
- a)the holder of a licence, and (
- 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; “member” means a member of the Garda Síochána; “register of clubs” means the register of clubs kept under the Act of 1904; “relevant premises” has the meaning assigned to it by section 2 ; “relevant provision” shall be construed in accordance with subsection
- a)the licensee of the premises, (
- b)the occupier of the premises, (
- c)the manager of the premises, or (
- d)any other person for the time being in charge of the premises; “temporary closure order” has the meaning assigned to it by section 7
- b)the purposes of issuing an immediate closure order, (
- c)the prevention or detection of offences under a relevant provision, under this Act or under section 31A of the Act of 1947, or (
- d)an assessment of compliance with a relevant provision, a direction referred to in paragraph (a), an undertaking referred to in section 5
- a)if given orally, the authorisation is recorded in writing as soon as practicable, and (
- b)the authorisation (if given in writing) or the record of the authorisation (if given orally) is signed and dated by the member and states— (
- i)the request made, the date and time the request was made and by whom, and (
- ii)the reason the authorisation was given by that member.
- a)under a licence— (
- i)the period on the day the order is issued during which access by members of the public to the premises may be lawfully permitted, and (
- ii)where such access is lawfully permitted to continue for any period after 12 midnight on that day, that period also, and (
- b)of a club— (
- i)the period on the day the order is issued during which such sale or supply to members of, and visitors to, the club may be lawfully permitted, and (
- ii)where such sale or supply is lawfully permitted to continue for any period after 12 midnight on that day, that period also. Application for emergency closure order for failure or refusal to comply with more than one direction 5.
- a)one, or more than one, specified person fails or refuses to comply with a direction given during 2 or more separate relevant periods in respect of the premises, and (
- b)in light of such failure or refusal, the member is of the opinion that such failure or refusal is continuing or is likely to recur.
- a)there has been a failure or refusal by one, or more than one, specified person to comply with a direction given during 2 or more separate relevant periods in respect of the premises, (
- b)such failure or refusal is continuing or is likely to recur, and (
- c)the making of the order is appropriate in the circumstances.
- a)may apply to the whole or part of a relevant premises, (
- b)shall specify the ground or grounds for making it, and (
- c)shall specify the date on which, and the time on that date from which, the order is to take effect.
- a)the licensee gives an undertaking to the Court that the relevant provisions will be complied with in respect of the premises, and (
- b)the Court is satisfied that the discharge of the order is appropriate in the circumstances.
- a)under a licence— (
- i)the period of a day during which access by members of the public to the premises may be lawfully permitted, and (
- ii)where such access is lawfully permitted to continue for any period after 12 midnight on that day, that period also, and (
- b)of a club— (
- i)the period of a day during which such sale or supply to members of, and visitors to, the club may be lawfully permitted, and (
- ii)where such sale or supply is lawfully permitted to continue for any period after 12 midnight on that day, that period also. Compliance notice 6.
- a)where an immediate closure order has been made in respect of a relevant premises, or (
- b)where a specified person fails or refuses to comply with a direction given in respect of a relevant premises but no immediate closure order was made in respect of such failure or refusal, issue a notice (in this Act referred to as a “compliance notice”) in writing to the licensee of the premises setting out the matters specified in subsection
- a)applies, shall be issued within 5 days from the making of the immediate closure order concerned, and (
- b)where subsection
- a)identify the relevant provisions that have not been or are not being complied with in respect of the relevant premises, (
- b)state the grounds upon which any direction, given to any specified person in respect of the premises prior to the issuing of the notice, was made, (
- c)require the licensee to comply with any such direction given to any specified person in respect of the premises forthwith and to comply with the relevant provisions, (
- d)inform the licensee that, if he or she continues to fail or refuse to comply with any such direction given or fails to comply with any of the relevant provisions, an application may be made, without further notice to him or her, to the District Court for a temporary closure order, and (
- e)inform the licensee of the bases for objection set out in paragraphs (
- c)and (
- d)(in so far as it relates to a temporary closure order) of section 11
- c)and (
- d)(in so far as it relates to a temporary closure order) in section 12 , to the renewal of a certificate of registration under section 3 of the Act of 1904, as the case may be.
- a)there has been a failure by a licensee to comply with a compliance notice in respect of a relevant premises, (
- b)that failure is continuing or is likely to recur in respect of the relevant premises concerned, and (
- c)the making of the order is appropriate in the circumstances.
- a)not exceeding 7 days in the case of the first such order made in respect of that premises, and (
- b)not exceeding 30 days in the case of the second or subsequent such order made in respect of that premises.
- a)an undertaking, given in accordance with that subsection, is not being complied with, or (
- b)there has been a change in the mitigating circumstances referred to in that subsection and some or all of those circumstances no longer apply.
- a)may apply to the whole or a part of a relevant premises, (
- b)shall specify the ground or grounds for making it, and (
- c)shall specify the date on which, and the time on that date from which, the order is to take effect.
- a)affirm, revoke or vary the temporary closure order concerned, and (
- b)make such other order (if any) in relation to the relevant premises as it considers appropriate. Grounds for objection to renewal of licences 11.
- a)a conviction of a specified person for an offence of not complying with a relevant provision relating to a relevant premises, (
- b)a conviction of a specified person for an offence under this Act, (
- c)an opinion referred to in section 7
- a)a conviction of a specified person for an offence of not complying with a relevant provision relating to a relevant premises, (
- b)a conviction of a specified person for an offence under this Act, (
- c)an opinion referred to in section 7
- d)the making of an immediate closure order, an emergency closure order or a temporary closure order, shall be a basis for an objection under the grounds contained in section 5(
- a)of the Act of 1904 as to the character of the chairman or secretary or of any official or member of the committee of management or governing body of the club concerned. Amendment of section 31A of Health Act 1947 13. Section 31A of the Act of 1947 is amended by the insertion of the following subsections after subsection
- a)Without prejudice to the generality of this section and of sections 95 and 96 but subject to paragraphs (
- b)and (c), the Minister may, in respect of a provision of a regulation made under subsection
- i)the risks with regard to the spread of Covid-19 associated with gatherings of persons and, in particular, where such gatherings are connected with the consumption of intoxicating liquor, (
- ii)the need to take such additional protective measures as are practicable in order to mitigate those risks and to prevent, limit, minimise or slow the spread of Covid-19 in an effective manner, (iii) the extent to which the additional enforcement measures provided for in the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 could assist in mitigating those risks and preventing, limiting, minimising or slowing the spread of Covid-19 in an effective manner, and (
- iv)the need to take additional protective measures to assist and support the State’s efforts to promote and maintain the normal functioning of society, to protect the gradual re-opening of society and, to the greatest extent possible, to avoid the imposition or re-imposition of restrictions thereon. (
- c)Before prescribing regulations under this subsection, the Minister shall consult the Minister for Justice and Equality and any other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government. (6B) Subsection (6A) is in addition to and not in substitution for any powers of enforcement conferred on a member of the Garda Síochána by or under this section or any other provision of this Act, or any other enactment.”. Liability for offences by bodies corporate 14.
- a)an offence under this Act has been committed by a body corporate, and (
- b)the offence is proved to have been so committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a person who was either— (
- i)a director, manager, secretary or other officer of the body corporate, or (
- ii)purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
- a)by delivering it to the person; (
- b)by leaving it at the address at which the person ordinarily resides or carries on business or, in a case in which an address for service has been given, at that address; (
- c)by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or carries on business or, in a case in which an address for service has been given, to that address; (
- d)by electronic means, in a case in which the person has given notice in writing to the person serving or giving the notice or document concerned of his or her consent to the notice or document (or documents of a class to which the notice or document belongs) being served on, or given to, him or her in that manner.