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FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 14

Power of court to disqualify person for carrying on a food business.

14.(1) Where a person is prosecuted by a [district council] for an offence
under regulations made under section thirteen in respect of any premises used
for the purposes of a food business, or of any food business carried on at
those premises, the following provisions of this section shall have effect.

(2) If the [district council] have, not less than twenty-one days before the
date of the hearing, given the person against whom the prosecution is brought
notice of their intention to apply for an order under this section to be made
against him, and if the person is convicted of the offence, the court, having
regard to

(a)the gravity of the offence; or

(b)the unsatisfactory nature of the premises, where the offence is committed
in respect of premises; or

(c)any offences against regulations made under section thirteen of which the
person has previously been convicted;

(i)disqualifying the person for using those premises for the purposes of a
food business; or

(ii)disqualifying the person for using those premises for the purposes of any
food business specified in the order.

(3) Subject to sub-section (5), an order made under this section shall remain
in force

(a)where it is made on the ground of the unsuitability of premises because the
requirements of regulations made under section thirteen have not been complied
with, until it is revoked by the court;

(b)where it is made on any other ground, for such period not exceeding two
years as may be specified in the order.

(4) A person shall be guilty of an offence under this Act if

(a)while he is subject to an order of the kind referred to in paragraph (i) of
sub-section (2) he uses the premises specified in the order for the purposes
of a food business, or participates in the management of a food business
carried on at the premises so specified;

(b)while he is subject to an order of the kind referred to in paragraph (ii)
of sub-section (2) he uses the premises specified in the order for the
purposes of any food business specified in the order, or participates in the
management of any such business carried on at the premises so specified.

(5) A person subject to an order made under this section may apply to the
court to revoke the order, and on any such application the court may, if it
thinks proper having regard to all the circumstances of the case, including in
particular the person's conduct subsequent to the conviction and any
improvement in the state of any premises specified in the order, grant the
application.

(6) If an application made under sub-section (5) is refused by the court to
which it is made, a further application thereunder shall not be entertained if
made within three months after the date of the refusal.

(7) Where a conviction for an offence against any regulation made under
section thirteen is quashed, the court quashing the conviction shall also
revoke any order made under this section in consequence of that conviction.

(8) Without prejudice to the provisions of sub-section (7), a person aggrieved
by an order made under this section may appeal against that order to a court
of quarter sessions.

(9) Nothing in this section shall apply to any premises used for the purposes
of a business in respect of which a licence is in force under the Milk Act
(Northern Ireland), 1950, or to any premises in respect of which a licence is
in force under the Slaughter-houses Act (Northern Ireland), 1953.

© 1958 Crown Copyright

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