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Policing and Crime Act 2009

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This is the original version (as it was originally enacted).

30Offence of persistently possessing alcohol in a public place

This section has no associated Explanatory Notes

(1)A person under the age of 18 is guilty of an offence if, without reasonable excuse, the person is in possession of alcohol in any relevant place on 3 or more occasions within a period of 12 consecutive months.

(2)“Relevant place”, in relation to a person, means—

(a)any public place, other than excluded premises, or

(b)any place, other than a public place, to which the person has unlawfully gained access.

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4)For the purposes of subsection (2) a place is a public place if at the material time the public or any section of the public has access to it, on payment or otherwise, as of right or by virtue of express or implied permission.

(5)In subsection (2) “excluded premises”—

(a)in relation to England and Wales, means—

(i)premises which may by virtue of Part 3 or 5 of the Licensing Act 2003 (c. 17) (premises licence or permitted temporary activity) be used for the supply of alcohol,

(ii)premises which may by virtue of Part 4 of that Act (club premises certificate) be used for the supply of alcohol to members or guests,

(b)in relation to Northern Ireland, means—

(i)licensed premises within the meaning of the 1996 Licensing Order,

(ii)premises of a club registered under the Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23)),

(iii)premises for which an occasional licence (within the meaning of the 1996 Licensing Order) has been granted.

(6)In this section “alcohol”—

(a)in relation to England and Wales, has the same meaning as in the Licensing Act 2003,

(b)in relation to Northern Ireland, has the same meaning as “intoxicating liquor” in the 1996 Licensing Order.

(7)References in this section to the 1996 Licensing Order are to the Licensing (Northern Ireland) Order 1996 (S. I. 1996/3158 (N. I. 22)).

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