31AH.—(1) A compliance officer may apply to the District Court for an order (in this Act referred to as a "cessation order") for the restriction of access by members of the public to a relevant indoor premises where he or she is of the opinion that—

(a) there has been a failure to comply with a compliance notice, and

(b) such failure to comply is continuing or is likely to recur.

(2) An application under subsection (1) shall be made on not less than 5 days’ notice to the indoor operator.

(3) Notwithstanding anything contained in the rules of court, not less than 7 days’ notice of an application under subsection (1) shall be given to the District Court.

(4) The District Court shall give such priority to an application under subsection (1) as is necessary in the circumstances and may give such directions with regard to the hearing of the application as it considers appropriate in the circumstances.

(5) Upon the hearing of an application under subsection (1), the District Court may make a cessation order where the court is satisfied that—

(a) there has been a failure by an indoor operator 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 indoor premises concerned, and

(c) the making of the order is appropriate in the circumstances.

(6) In determining whether to make a cessation order under this section, the District Court may take into account the conduct of an indoor operator regarding the operation of the relevant indoor premises in response to any direction, emergency cessation order or compliance notice in respect of the relevant indoor premises.

(7) Subject to subsection (8), a cessation order shall have the effect of requiring a relevant indoor operator, notwithstanding section 31AB, not to permit, or otherwise grant, persons access to a relevant indoor premises for such period—

(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.

(8) The District Court may, if it considers it appropriate to do so, having regard to any mitigating circumstances and any undertaking given to the court in relation to future compliance with the conditions in section 31AB(3), suspend, for such period as it considers appropriate, the operation of the order.

(9) During any period that the operation of a cessation order stands suspended in accordance with subsection (8), a compliance officer may, on notice to the indoor operator, make an application to the District Court to revoke the suspension where he or she is of the opinion that—

(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.

(10) The District Court shall, where it is satisfied that either of the matters set out in paragraph (a) or (b) of subsection (9) apply, revoke the suspension unless the court considers it would be unjust in all the circumstances to do so.

(11) A compliance officer shall notify the indoor operator concerned of the making of a cessation order but, if the indoor operator or a legal representative (being a practising barrister, practising solicitor, or both (within the meaning of the Legal Services Regulation Act 2015 )) of the indoor operator is present at the sitting of the District Court at which that order is made, the indoor operator shall be taken to have been notified of its making for the purposes of this subsection.]