PART 4 E+WCommunity protection

CHAPTER 2 E+WPublic spaces protection orders [F1 and expedited orders]

Textual Amendments

F1 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)

Prohibition on consuming alcohol E+W

62 Premises etc to which alcohol prohibition does not apply E+W

(1) A prohibition in a public spaces protection order [F2 or expedited order] on consuming alcohol does not apply to—

(a) premises (other than council-operated licensed premises) authorised by a premises licence to be used for the supply of alcohol;

(b) premises authorised by a club premises certificate to be used by the club for the supply of alcohol;

(c) a place within the curtilage of premises within paragraph (a) or (b);

(d) premises which by virtue of Part 5 of the Licensing Act 2003 may at the relevant time be used for the supply of alcohol or which, by virtue of that Part, could have been so used within the 30 minutes before that time;

(e) a place where facilities or activities relating to the sale or consumption of alcohol are at the relevant time permitted by virtue of a permission granted under section 115E of the Highways Act 1980 (highway-related uses) [F3 or by virtue of a pavement licence under section 1 of the Business and Planning Act 2020].

(2) A prohibition in a public spaces protection order [F4 or an expedited order] on consuming alcohol does not apply to council-operated licensed premises—

(a) when the premises are being used for the supply of alcohol, or

(b) within 30 minutes after the end of a period during which the premises have been used for the supply of alcohol.

(3) In this section—

• “club premises certificate” has the meaning given by section 60 of the Licensing Act 2003;

• “premises licence” has the meaning given by section 11 of that Act;

• “supply of alcohol” has the meaning given by section 14 of that Act.

(4) For the purposes of this section, premises are “council-operated licensed premises” if they are authorised by a premises licence to be used for the supply of alcohol and—

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

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

Textual Amendments

F2 Words in s. 62(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 7 para. 7(2); S.I. 2022/520, reg. 5(j)

F3 Words in s. 62(1)(e) inserted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 17 (with s. 247 Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)

F4 Words in s. 62(2) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 7 para. 7(3); S.I. 2022/520, reg. 5(j)

Commencement Information

I1 S. 62 in force at 20.10.2014 by S.I. 2014/2590, art. 3(c)