Occupiers, etc., of premises liable to penalties for permitting certain activities

(1) A person commits an offence if, being the occupier concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises, that is to say– (a) producing or attempting to produce a controlled drug in contravention of section 6(1); (b) supplying or attempting to supply a controlled drug to another in contravention of section 6(1), or offering to supply a controlled drug to another in contravention of section 6(1); 22 (c) preparing cannabis, cannabis resin or opium for smoking; (d) smoking cannabis, cannabis resin or prepared opium; or (e) smoking or otherwise using cocaine. (1A) Nothing in sub-section (1), as relates to knowingly permitting or suffering– (a) the preparation of cannabis or cannabis resin in contravention of paragraph (c) of that sub- section; or (b) the smoking of cannabis or cannabis resin in contravention of paragraph (d) of that sub- section, shall apply in the circumstances specified under sub-section (1B). (1B) For the purposes of sub-section (1A), the circumstances are that the total amount of cannabis or cannabis resin in the possession of any person when any activity specified in paragraph (a) or (b) of that sub-section occurs, is not more than ten grammes, and that any person in possession thereof would, by virtue of section 7 (7) (a), not have carried out an unlawful act or committed an offence, or would not be liable to a penalty greater than that specified under section 7 (7) (b). (2) A person who commits an offence under sub-section (1), is liable on conviction therefor to the penalties prescribed for a drug trafficking offence under section 18 and, in addition, the premises in or on which the offence was committed shall be forfeited. (3) The owner of the premises forfeited under section (2) may, unless he is the occupier convicted under this section, apply to the court which tried the case for a revocation of the order of forfeiture, and if the court is satisfied that he did not 23 know or believe nor had reasonable grounds to believe that such premises were being used for the commission or attempted commission of an offence under this section, the court may, upon such terms and conditions, if any, as it deems fit, revoke that order. (4) An application under sub-section (3) for the revocation of a forfeiture order shall be made either at the time when such order is made or within thirty days of the order, unless the court for special reasons to be recorded in writing extends such period. etc.