The Food (Northern Ireland) Order 1989

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

16.—(1) The provisions of this Article shall have effect where a person is prosecuted by a district council for an offence under regulations made under Article 15 in respect of—

(a)any premises used for the purposes of a food business; or

(b)any food business carried on at those premises.

(2) If the district council has, not less than twenty-one days before the date of the hearing, given the person against whom the prosecu-tion is brought notice of its intention to apply for an order under this Article 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 Article 15 of which the person has previously been convicted;

may, on the application of the district council, make an order—

(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 paragraph (5), an order made under this Article shall remain in force—

(a)where it is made on the ground of the unsuitability of premises because the requirements of regulations made under Article 15 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 if—

(a)while he is subject to an order of the kind referred to in paragraph (2)(i), 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 (2)(ii), 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 Article may apply to the court to revoke the order; but where such an application is refused by the court, a further application under this paragraph shall not be entertained if made within three months after the date of the refusal.

(6) On any such application the court may, if it thinks proper having regard to all the circumstances of the case, including in particular—

(a)the person’s conduct subsequent to the conviction, and

(b)any improvement in the state of any premises specified in the order,

grant the application.

(7) Where a conviction for an offence against any regulation made under Article 15 is quashed, the court quashing the conviction shall also revoke any order made under this Article in consequence of that conviction.

(8) Without prejudice to the provisions of paragraph (7), a person aggrieved by an order made under this Article may appeal against that order to the county court.

(9) Nothing in this Article shall apply to—

(a)any premises used for the purposes of a business in respect of which a licence is in force under the Milk (Northern Ireland) Order 1983(1); or

(b)any premises in respect of which a licence is in force under the Slaughter-houses Act (Northern Ireland) 1953(2).