Greig v Irmak

Judgment

1. By way of Summons filed 23 March 2018, the plaintiff, Sergeant Leah Christine Greig, seeks a declaration pursuant to s 3(1) of the Restricted Premises Act 1943 (NSW) (the Act) that the premises at 7/31-33 Harrow Road Auburn are premises to which Part 2 of the Act applies. The plaintiff also seeks a "reputed criminal declaration" under s 3(3) of the Act.
2. The defendant, Ali Irmak, the registered owner of the premises, has filed a submitting appearance. His legal representatives have advised the Court in writing that the defendant neither consents to, nor opposes, the making of the declaration.
3. Section 3 of the Act provides: 3 Declaration by Supreme Court or District Court in relation to premises (1) On a senior police officer showing reasonable grounds for suspecting that all or any of the following conditions obtain with respect to any premises, that is to say: (a) that drunkenness or disorderly or indecent conduct or any entertainment of a demoralising character takes place on the premises, or has taken place and is likely to take place again on the premises, or (b) that liquor or a drug is unlawfully sold or supplied on or from the premises or has been so sold or supplied on or from the premises and is likely to be so sold again on or from the premises, or (c) that reputed criminals or associates of reputed criminals are to be found on or resort to the premises or have resorted and are likely to resort again to the premises, or (d) that any of the persons having control of or managing or taking part or assisting in the control or management of the premises: (i) is a reputed criminal or an associate of reputed criminals, or (ii) has been concerned in the control or management of other premises which have been the subject of a declaration under this Part, or (iii) is or has been concerned in the control or management of premises which are or have been frequented by persons of notoriously bad character or of premises on or from which liquor or a drug is or has been unlawfully sold or supplied, (e) (Repealed) the Supreme Court or the District Court may declare such premises to be premises to which this Part applies. (2) Such declaration shall be in force until rescinded. (3) The appropriate Court may, in declaring premises to be premises to which this Part applies, state that the reason (or the predominant reason) for the declaration is that: (a) reputed criminals have attended or are likely to attend the premises, or (b) a reputed criminal has, or takes part or assists in, the control or management of the premises. Any such declaration is a "reputed criminal declaration" for the purposes of this Act.