Criminal Justice (Scotland) Act 1980

Part V S Sporting Events: Control of Alcohol Etc.

68 Designation of sports grounds and sporting events. S

(1) The Secretary of State may for the purposes of this Part of this Act by order designate—

(a) a sports ground or a class of sports ground;

(b) a sporting event, or a class of sporting event, at that ground or at any of that class of ground:

Provided that a sporting event at which all the participants take part without financial or material reward and to which all spectators are admitted free of charge shall not be subject to an order under this section; but this proviso is without prejudice to the order’s validity as respects any other sporting event.

[F1 (c) a sporting event, or a class of sporting event, taking place outside Great Britain:]

(2) The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 S. 68(1)(c) inserted by Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57, SIF 39:2), s. 10(a)

69 Alcohol on vehicle travelling to or from sporting event. S

Where a public service vehicle [F2 or railway passenger vehicle] is being operated for the principal purpose of conveying passengers [F2 for the whole or part of a journey] to or from a designated sporting event, then—

(a) any person in possession of alcohol on the vehicle shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding [F3 level 3 on the standard scale] or both;

(b) if alcohol is being carried on the vehicle and the vehicle is on hire to a person, he shall, subject to section 71 of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding [F3 level 3 on the standard scale]; and

(c) any person who is drunk on the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F4 level 2 on the standard scale].

Textual Amendments

F2 Words inserted as provided by Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57, SIF 39:2), s. 10(b)

F3 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G

F4 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G

70 Liability of vehicle operator and his employees and agents. S

Notwithstanding section 92 of the M1 Licensing (Scotland) Act 1976 (restriction on carriage of alcoholic liquor in crates on contract carriages), but subject to section 71 of this Act, if the operator of a public service vehicle which is being operated as mentioned in section 69 of this Act, either by himself or by his employee or agent permits alcohol to be carried on the vehicle, the operator and, as the case may be, the employee or agent shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F5 level 3 on the standard scale].

Textual Amendments

F5 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G

Marginal Citations

M1 1976 c. 66.

[F6 70A Alcohol on certain other vehicles. S

(1) This section applies to a motor vehicle which is not a public service vehicle but is adapted to carry more than 8 passengers and is being operated for the principal purpose of conveying two or more passengers for the whole or part of a journey to or from a designated sporting event.

(2) Any person in possession of alcohol on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both.

(3) Any person who is drunk on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4) Any person who permits alcohol to be carried on a vehicle to which this section applies and—

(a) is the driver of the vehicle, or

(b) where he is not its driver, is the keeper of the vehicle, the employee or agent of the keeper, a person to whom it is made available (by hire, loan or otherwise) by the keeper or the keeper’s employee or agent, or the employee or agent of a person to whom it is so made available. shall, subject to section 71 of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F6 S. 70A inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(1), Sch. 1 para. 10

71 Defences in connection with carriage of alcohol. S

Where a person is charged with an offence under section 69(b) [F7 , 70 or 70A(4)] of this Act, it shall be a defence for him to prove that the alcohol was carried on the vehicle without his consent or connivance and that he did all he reasonably could to prevent such carriage.

Textual Amendments

F7 Words substituted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(1), Sch. 1 para. 11

72 Possession of container at sporting event. S

(1) Any person who—

(a) is in possession of a controlled container in; or

(b) while in possession of a controlled container, attempts to enter,

the relevant area of a designated sports ground at any time during, the period of a designated sporting event, shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding [F8 level 3 on the standard scale] or both.

(2) In subsection (1) above, the term “controlled container” means any bottle, can or other portable container, whether open or sealed, which is, or was in its original manufactured state, capable of containing liquid and is made from such material or is of such construction, or is so adapted, that if it were thrown at or propelled against a person it would be capable of causing some injury to that person; but the term does not include a container holding a medicinal product for a medicinal purpose.

(3) In subsection (2) above, “medicinal product” and “medicinal purpose” have the meanings assigned to those terms by section 130 of the M2 Medicines Act 1968.

Textual Amendments

F8 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G

Marginal Citations

M2 1968 c. 67.

[F9 72A Possession of fireworks etc. at sporting events. S

(1) Any person who has entered the relevant area of a designated sports ground and is in possession of a controlled article or substance at any time during the period of a designated sporting event shall be guilty of an offence.

(2) Any person who, while in possession of a controlled article or substance, attempts to enter the relevant area of a designated sports ground at any time during the period of a designated sporting event at the ground shall be guilty of an offence.

(3) A person guilty of an offence under subsection (1) or (2) above shall be liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both.

(4) It shall be a defence for a person charged with an offence under subsection (1) or (2) above to show that he had lawful authority to be in possession of the controlled article or substance.

(5) In subsections (1) and (2) above “controlled article or substance” means—

(a) any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it includes distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not matches, cigarette lighters or heaters; and

(b) any article which is a firework.]

Textual Amendments

F9 S. 72A inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(1), Sch. 1 para. 14(1)

73 Possession of alcohol at sporting event. S

Any person who—

(a) is in possession of alcohol in; or

(b) while in possession of alcohol, attempts to enter,

the relevant area of designated sports ground at any time during the period of a designated sporting event, shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding [F10 level 3 on the standard scale] or both.

Textual Amendments

F10 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G

74 Drunkenness at sporting event. S

Any person who—

(a) is drunk in; or

(b) while drunk, attempts to enter,

the relevant area of a designated sports ground at any time during the period of a designated sporting event shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F11 level 2 on the standard scale].

Textual Amendments

F11 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289G

75 Police powers of enforcement. S

For the purpose of enforcing the provisions of this Part of this Act, a constable shall have the power without warrant—

(a) to enter a designated sports ground at any time during the period of a designated sporting event;

(b) to search a person who he has reasonable grounds to suspect is committing or has committed an offence under this Part of this Act;

(c) to stop and search a vehicle where he has reasonable grounds to suspect that an offence under section 69 [F12 , 70 or 70A] of this Act is being or has been committed;

(d) to arrest a person who he has reasonable grounds to suspect is committing or has committed an offence under this Part of this Act;

(e) to seize and detain—

(i) with its contents (if any), a controlled container as defined in section 72(2) of this Act;. . . F13

(ii) with its contents, any other container if he has reasonable grounds to suspect that those contents are or include alcohol

[F14 ; or]

(iii)

[F14 a controlled article or substance as defined in section 72A(5) of this Act.]

Textual Amendments

F12 Words substituted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(1), Sch. 1 para. 12

F13 Word repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(3), Sch. 3

F14 S. 75(e)(iii) and word “; or” inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(1), Sch. 1 para. 14(2)

[X1 76 Presumption as to contents of container. S

(1) For the purposes of any trial in connection with an alleged contravention of any provision of this Part of this Act, any liquid contained in a container (sealed or open) shall, subject to subsection (2) below, be presumed to conform to the description of the liquid on the container.

(2) Subsections (3) to (6) of section 127 of the M3 Licensing (Scotland) Act 1976 (right of accused to challenge presumption as to contents) shall apply in relation to subsection (1) above as they apply in relation to subsection (2) of that section.]

Editorial Information

X1 S. 76 commencing “Section 127 of” substituted (prosp) for S.76 commencing “(1) For the” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), ss. 74(1), 75, Sch. 8 para. 30

Marginal Citations

M3 1976 c. 66.

Prospective

[F15 76 Presumption as to contents of container. S

Section 127 of the Licensing (Scotland) Act 1976 shall apply for the purposes of any trial in connection with an alleged contravention of any provision of this Part of this Act as it applies for the purposes of any trial in connection with an alleged contravention of any provision of that Act.]

Textual Amendments

F15 S. 76 commencing “Section 127 of” substituted (prosp) for S.76 commencing “(1) For the” by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 39:1), ss. 74(1), 75, Sch. 8 para. 30

77 Interpretation of Part V. S

In this Part of this Act, unless the context otherwise requires—

• “advertised” means announced in any written or printed document or in any broadcast announcement;

• “alcohol” means alcoholic liquor as defined in section 139 of the Licensing (Scotland) Act 1976;

• “designated” means designated by the Secretary of State by order under section 68 of this Act [F16 and “designated sporting event” includes a sporting event designated, or of a class designated, under section 9(3)(a) of the Sporting Events (Control of Alcohol etc.) Act 1985];

• [F17 “keeper”, in relation to a vehicle, means the person having the duty to take out a licence for it under section 1(1) of the M4 Vehicles (Excise) Act 1971;

• “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;]

• “period of a designated sporting event” means the period commencing two hours before the start and ending one hour after the end of a designated sporting event, except that where the event is advertised as to start at a particular time but is delayed or postponed it includes, and where for any reason an event does not take place it means, the period commencing two hours before and ending one hour after, that particular time;

• “public service vehicle” has the like meaning as in [F18 the Public Passenger Vehicles Act 1981] and “operator” in relation to such a vehicle means—

(a) the driver if he owns the vehicle; and

(b) in any other case the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work);

• [F19 “railway passenger vehicle” has the same meaning as in the M5 Licensing (Scotland) Act 1976]

• “relevant area” means any part of a sports ground—

(a) to which spectators attending a designated sporting event are granted access on payment; or

(b) from which a designated sporting event may be viewed directly;

• “sporting event” means any physical competitive activity at a sports ground, and includes any such activity which has been advertised as to, but does not, take place; and

• “sports ground” means any place whatsoever which is designed, or is capable of being adapted, for the holding of sporting events in respect of which spectators are accommodated.

Textual Amendments

F16 Words added as provided by Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57, SIF 39:2), s. 10(c)

F17 Definitions inserted as provided by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(1), Sch. 1 para. 13(a)

F18 Words substituted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(1), Sch. 1 para. 13(b)

F19 Definition added by Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57, SIF 39:2), s. 10(d)

Marginal Citations

M4 1971 c.10 (107:2).

M5 1976 c. 66 (68A:2).