397C. Prohibition orders and premises orders on application.

The court1 may make a prohibition order on application2 if either:

  1.  

    (1)     the court is satisfied on the balance of probabilities that the person has failed to comply with a prohibition notice3; or

  2.  

    (2)     where no prohibition notice has been given (or one was given but has been withdrawn), the court is satisfied on the balance of probabilities that the person is carrying on, or is likely to carry on, a prohibited activity4, and the court considers that the person would fail to comply with a prohibition notice if given5,

and the court considers it necessary and proportionate to make