PART 4Community protection
CHAPTER 2Public spaces protection orders F1and expedited orders
Prohibition on consuming alcohol
I1C163Consumption of alcohol in breach of prohibition in order
1
This section applies where a constable or an authorised person reasonably believes that a person (P)—
a
is or has been consuming alcohol in breach of a prohibition in a public spaces protection order F2or an expedited order, or
b
intends to consume alcohol in circumstances in which doing so would be a breach of such a prohibition.
In this section “authorised person” means a person authorised for the purposes of this section by the local authority that made the F3... order (or authorised by virtue of section 69(1)).
2
The constable or authorised person may require P—
a
not to consume, in breach of the order, alcohol or anything which the constable or authorised person reasonably believes to be alcohol;
b
to surrender anything in P's possession which is, or which the constable or authorised person reasonably believes to be, alcohol or a container for alcohol.
3
A constable or an authorised person who imposes a requirement under subsection (2) must tell P that failing without reasonable excuse to comply with the requirement is an offence.
4
A requirement imposed by an authorised person under subsection (2) is not valid if the person—
a
is asked by P to show evidence of his or her authorisation, and
b
fails to do so.
5
A constable or an authorised person may dispose of anything surrendered under subsection (2)(b) in whatever way he or she thinks appropriate.
6
A person who fails without reasonable excuse to comply with a requirement imposed on him or her under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Words in Pt. 4 Ch. 2 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 7 para. 2; S.I. 2022/520, reg. 5(j)