Criminal Justice and Police Act 2001

Alcohol consumption in designated public places E+W

12 Alcohol consumption in designated public places E+W

(1) Subsection (2) applies if a constable reasonably believes that a person is, or has been, consuming [F1 alcohol] in a designated public place or intends to consume [F1 alcohol] in such a place.

(2) The constable may require the person concerned—

(a) not to consume in that place anything which is, or which the constable reasonably believes to be, [F1 alcohol];

(b) to surrender anything in his possession which is, or which the constable reasonably believes to be, [F1 alcohol] or a container for [F2 alcohol]F3 . . . .

(3) A constable may dispose of anything surrendered to him under subsection (2) in such manner as he considers appropriate.

(4) A person who fails without reasonable excuse to comply with a requirement imposed on him under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) A constable who imposes a requirement on a person under subsection (2) shall inform the person concerned that failing without reasonable excuse to comply with the requirement is an offence.

(6) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Word in s. 12(1)(2) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 121(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F2 Words in s. 12(2) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 121(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F3 Words in s. 12(2)(b) repealed (10.9.2003) by Licensing Act 2003 (c. 17), ss. 155(2), 199, 201, Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2003/2100, art. 2

F4 S. 12(6) repealed (1.10.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 8; S.I. 2002/2306, art. 2(g)(iii)(j)

Modifications etc. (not altering text)

C1 S. 12 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 para. 5; S.I. 2002/2750, art. 2

S. 12 extended (with modifications) (2.12.2002) by Police Reform Act 2002 (c. 30), s. 41, 108, Sch. 5 para. 4; S.I. 2002/2750, art. 2

13 Designated public places E+W

(1) A place is, subject to section 14, a designated public place if it is—

(a) a public place in the area of a local authority; and

(b) identified in an order made by that authority under subsection (2).

(2) A local authority may for the purposes of subsection (1) by order identify any public place in their area if they are satisfied that—

(a) nuisance or annoyance to members of the public or a section of the public; or

(b) disorder;

has been associated with the consumption of [F5 alcohol] in that place.

(3) The power conferred by subsection (2) includes power—

(a) to identify a place either specifically or by description;

(b) to revoke or amend orders previously made.

(4) The Secretary of State shall by regulations prescribe the procedure to be followed in connection with the making of orders under subsection (2).

(5) Regulations under subsection (4) shall, in particular, include provision requiring local authorities to publicise the making and effect of orders under subsection (2).

(6) Regulations under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F5 Words in s. 13(2) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 122 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Modifications etc. (not altering text)

C2 S. 13(2): functions of local authority not to be responsibility of an executive of the authority (E.) (1.9.2001) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 (as amended by S.I. 2001/2831, reg. 10) which S.I. was revoked by S.I. 2007/806, reg. 11 and that effect continued by virtue of S.I. 2007/806, reg. 10(2)(b)

Commencement Information

I1 S. 13 wholly in force at 1.9.2001; s. 13 not in force at Royal Assent see s. 138; s. 13 in force for certain purposes at 19.6.2001 by S.I. 2001/2223, art. 2(2)(b); s. 13 in force at 1.9.2001 by S.I. 2001/2223, art. 4(a)

14 Places which are not designated public places E+W

(1) A place is not a designated public place or a part of such a place if it is—

[F6 [F7 (a) premises in respect of which a premises licence has effect which authorises the premises to be used for the sale or supply of alcohol;

(aa) premises in respect of which a club premises certificate has effect which certifies that the premises may be used by the club for the sale or supply of alcohol;]

(b) a place within the curtilage of premises within paragraph (a) [F8 or (aa)] ;

(c) premises which by virtue of Part 5 of the Licensing Act 2003 may for the time being be used for the supply of alcohol or which, by virtue of that Part, could have been so used within the last [F9 30] minutes;]

(e) a place where facilities or activities relating to the sale or consumption of [F10 alcohol] are for the time being permitted by virtue of a permission granted under section 115E of the Highways Act 1980 (c. 66) (highway related uses).

[F11 (1A) Subsection (1B) applies to premises falling within subsection (1)(a) if—

(a) the premises licence is held by a local authority in whose area the premises or part of the premises is situated; or

(b) the premises licence is held by another person but the premises are occupied by such an authority or are managed by or on behalf of such an authority.

(1B) Subsection (1) prevents premises to which this subsection applies from being, or being part of, a designated public place only—

(a) at times when it is being used for the sale or supply of alcohol; and

(b) at times falling within 30 minutes after the end of a period during which it has been so used.

(1C) In this section “premises licence” and “club premises certificate” have the same meaning as in the Licensing Act 2003.]

(2) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 14(1)(a)-(c) substituted (24.11.2005) for s. 14(1)(a)-(d) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 123(2)(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F7 S. 14(1)(a)(aa) substituted (6.4.2007) for s. 14(1)(a) by Violent Crime Reduction Act 2006 (c. 38), ss. 26(2)(a), 66(2); S.I. 2007/858, art. 2(b)

F8 Words in s. 14(1)(b) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 26(2)(b), 66(2); S.I. 2007/858, art. 2(b)

F9 Word in s. 14(1)(c) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 26(2)(c), 66(2); S.I. 2007/858, {art. 2b}

F10 Words in s. 14(1)(e) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 123(2)(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F11 S. 14(1A)-(1C) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 26(3), 66(2); S.I. 2007/858, art. 2(b)

F12 S. 14(2) repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 199, 201, Sch. 6 para. 123(3), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

15 Effect of sections 12 to 14 on byelaws E+W

(1) Subsections (2) and (3) apply to any byelaw which—

(a) prohibits, by the creation of an offence, the consumption in a particular public place of [F13 alcohol] (including any liquor of a similar nature which falls within the byelaw); or

(b) makes any incidental, supplementary or consequential provision (whether relating to the seizure or control of containers or otherwise).

(2) In so far as any byelaw to which this subsection applies would, apart from this subsection, have effect in relation to any designated public place, the byelaw—

(a) shall cease to have effect in relation to that place; or

(b) where it is made after the order under section 13(2), shall not have effect in relation to that place.

(3) In so far as any byelaw made by a local authority and to which this subsection applies still has effect at the end of the period of 5 years beginning with the day on which this subsection comes into force, it shall cease to have effect at the end of that period in relation to any public place.

Textual Amendments

F13 Words in s. 15(1)(a) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 124 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

16 Interpretation of sections 12 to 15 E+W

(1) In sections 12 to 15, unless the context otherwise requires—

• [F14 “alcohol” has the same meaning as in the Licensing Act 2003;]

• “designated public place” has the meaning given by section 13(1);

• F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “public place” means any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission[F16 ; and

• “supply of alcohol” has the meaning given by section 14 of the Licensing Act 2003]

(2) In sections 12 to 15 “local authority” means—

(a) in relation to England—

(i) a unitary authority;

(ii) a district council so far as they are not a unitary authority;

(b) in relation to Wales, a county council or a county borough council.

(3) In subsection (2) “unitary authority” means—

(a) the council of a county so far as they are the council for an area for which there are no district councils;

(b) the council of any district comprised in an area for which there is no county council;

(c) a London borough council;

(d) the Common Council of the City of London in its capacity as a local authority;

(e) the Council of the Isles of Scilly.

Textual Amendments

F14 S. 16(1): definition of "alcohol" inserted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 125(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F15 S. 16(1): definition of "intoxicating liquor" and following word repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 199, 201, Sch. 6 para. 125(b), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F16 S. 16(1): definition of "supply of alcohol" and preceding word inserted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 125(c) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)