Commentary on Sections Part 1: Alcohol-related violence and disorder Chapter 1: Drinking banning orders Section 5: Variation or discharge of orders under section 3 or 4
91.Subsection (1) provides for the variation and discharge of DBOs made in the magistrates’ court on complaint and in county court proceedings. Subsection (2) provides that an application to the court for variation or discharge of a DBO may be made by the person subject to the order or the relevant authority on whose application the order was made. Subsection (3) provides that an order made by a magistrates’ court under section 3 can be varied or discharged by a relevant local court as defined in section 14.
92.Subsections (4) and (5) provide that an application to vary or discharge a DBO has to be made by complaint and that the order may not be varied so as to extend the specified period for which it has effect to more than two years. Subsection (6) provides that the order may not be discharged before the end of the period which is half the duration of the specified period, unless consent is given by the relevant authority.