sec.45Court may make extension order

sec.45 Court may make extension order

The court must make an extension order for a prescribed place if the court is satisfied— 1 or more disorderly activities have taken place at the premises, whether before or after the commencement; and if the court did not grant the order, 1 or more disorderly activities would be likely to take place again at the premises; and making the order is appropriate in the circumstances. In considering whether or not to make the extension order, the court must have regard to the following— the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise; the extent to which disorderly activities habitually take place at the premises; the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises; the extent to which making the order will assist in achieving the objects of this Act. The court may also consider anything else the court considers relevant. The extension order may be made whether or not an owner or occupier of the premises is present or makes submissions. See section 43 (5) (c) for service requirements for an application to make an extension order. s 45 ins 2016 No. 62 s 267 (sec.45-ssec.1) The court must make an extension order for a prescribed place if the court is satisfied— 1 or more disorderly activities have taken place at the premises, whether before or after the commencement; and if the court did not grant the order, 1 or more disorderly activities would be likely to take place again at the premises; and making the order is appropriate in the circumstances. (sec.45-ssec.2) In considering whether or not to make the extension order, the court must have regard to the following— the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise; the extent to which disorderly activities habitually take place at the premises; the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises; the extent to which making the order will assist in achieving the objects of this Act. (sec.45-ssec.3) The court may also consider anything else the court considers relevant. (sec.45-ssec.4) The extension order may be made whether or not an owner or occupier of the premises is present or makes submissions. See section 43 (5) (c) for service requirements for an application to make an extension order.

• (a) 1 or more disorderly activities have taken place at the premises, whether before or after the commencement; and
• (b) if the court did not grant the order, 1 or more disorderly activities would be likely to take place again at the premises; and
• (c) making the order is appropriate in the circumstances.
• (a) the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;