PART 4SPORT

CHAPTER 3ALCOHOL ON VEHICLES TRAVELLING TO REGULATED MATCHES

40Offences in connection with alcohol on vehicles

1

This section applies to a motor vehicle which—

a

is adapted to carry 9 or more passengers, and

b

is being used for the principal purpose of carrying passengers for reward for the whole or part of a journey to a regulated match.

2

A person (“P”) who knowingly causes or permits intoxicating liquor to be carried on a vehicle to which this section applies is guilty of an offence—

a

if P is the operator of the vehicle or the servant or agent of the operator, or

b

if the vehicle is a hired vehicle and P is the person to whom it is hired or the servant or agent of that person.

3

The operator of a vehicle is—

a

the driver, if the driver 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).

4

A person who is in possession of intoxicating liquor while on a vehicle to which this section applies is guilty of an offence.

5

A person guilty of an offence under this section is liable on summary conviction—

a

in the case of an offence under subsection (2), to a fine not exceeding level 4 on the standard scale,

b

in the case of an offence under subsection (4), to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

6

A constable may stop a motor vehicle to which this section applies and may search such a vehicle if the constable has reasonable grounds to suspect that an offence under this section is being or has been committed in respect of the vehicle.

7

In this section—

  • “intoxicating liquor” has the meaning given by Article 2(2) of the Licensing (Northern Ireland) Order 1996 (NI 22);

  • “motor vehicle” has the meaning given by Article 3 of the Road Traffic (Northern Ireland) Order 1995 (NI 18).

8

The Department may by order amend subsection (1).

9

An order under subsection (8)—

a

may make such consequential amendments to this section as appear to the Department to be necessary or expedient;

b

shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.