PART 3 | Prohibition against consumption of liquor |
12.—(1) An individual must not consume any liquor at any public place during any prescribed no‑public drinking period applicable to that place.| (2) The Minister may, for the purposes of subsection (1), prescribe different no‑public drinking periods for different public places. |
(3) Subsection (1) does not apply to any consumption of liquor in the following circumstances:| (a) | consumption of liquor at any licensed premises where —| (i) | the liquor licence for the licensed premises allows the consumption of the liquor at the licensed premises; and | | (ii) | the consumption is during the trading hours applicable to the licensed premises; |
| | (b) | consumption of liquor at any public place in accordance with the terms and conditions of a consumption permit that is in force for that public place; | | (c) | consumption of liquor at a prescribed public place in accordance with the conditions prescribed; | | (d) | consumption of liquor in an emergency where the liquor is necessary to preserve life or prevent injury or further injury; | | (e) | consumption of liquor in the course of a religious service, ceremony or rite lawfully conducted by a priest or minister of religion in a place of worship. |
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(4) Subject to section 16, an individual who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $1,000; and | | (b) | where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. |
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13.—(1) Subject to subsection (3), upon application, the Commissioner or an authorised officer may grant a consumption permit for liquor to be consumed at an event held in a public place to the event organiser for the event.| (2) An application mentioned in subsection (1) must be made by or on behalf of the event organiser within the time prescribed before the event concerned. |
(3) The Commissioner or authorised officer must not grant a consumption permit for an event held or to be held at a public place if the Commissioner or authorised officer is satisfied that the consumption of liquor at the event —| (a) | may occasion public disorder, create a public nuisance, or cause damage to any public or private property at or within the vicinity of the public place; or | | (b) | may threaten the safety of any person or cause feelings of enmity, hatred, ill will or hostility between persons. |
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| (4) In granting a consumption permit for liquor to be consumed at an event held in a public place, the Commissioner or authorised officer may impose an obligation on the event organiser of the event to ensure compliance by the persons taking part in the event with the terms and conditions of the permit. |
(5) The Commissioner or an authorised officer may, at any time after the grant of a consumption permit, and without compensation —| (a) | remove or modify any term or condition imposed on the consumption permit at the time of its grant; or | | (b) | add any new term or condition to the consumption permit. |
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| (6) The Commissioner or an authorised officer may, without compensation, suspend or cancel any consumption permit if the Commissioner or authorised officer is satisfied that the permit holder concerned has failed or is failing to comply, or has failed to take reasonable steps to ensure compliance, with any term or condition of the consumption permit. |
(7) The Commissioner or authorised officer must, before proceeding under subsection (5) or (6), give the permit holder concerned —| (a) | written notice of the Commissioner’s or authorised officer’s intention to so proceed; and | | (b) | an opportunity to be heard, within a reasonable time specified in the notice, as to why the removal, modification, addition, suspension or cancellation (as the case may be) should not be proceeded with. |
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| (8) Nothing in this section derogates from the operation of Part 3 of the Public Order Act 2009 to an event. |
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| Drunkenness in public places, etc. |
14.—(1) Subject to section 16, an individual who is drunk and incapable of taking care of himself or herself in any public place shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both; and | | (b) | where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. |
(2) Subject to section 16, whoever, while drunk —| (a) | appears in any public place, or in any premises which it is a trespass for the individual to enter; and | | (b) | there conducts himself or herself in such a manner as to cause annoyance to any person, |
| shall be guilty of an offence and shall be liable on conviction — |
| (c) | to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both; and | | (d) | where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. |
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(3) Any police officer or approved person may at any time —| (a) | direct any specified individual to leave the public place or premises where the individual is found, including the vicinity of the public place or premises; and | | (b) | dispose of any liquor in the individual’s possession (whether or not the individual was found drinking the liquor). |
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(4) Subject to section 16, an individual who fails to comply with a direction referred to in subsection (3)(a) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both; and | | (b) | where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. |
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(5) In this section, a specified individual is —| (a) | an individual reasonably suspected of committing an offence under subsection (1) or (2); or | | (b) | an individual who —| (i) | has consumed or is consuming liquor; | | (ii) | appears in any public place, or in any premises which it is a trespass for the individual to enter; and | | (iii) | there conducts himself or herself in such a manner as to cause annoyance to any person. |
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(6) In this section, an individual is drunk if —| (a) | the individual’s speech, balance, coordination or behaviour is noticeably affected; and | | (b) | it is reasonable in the circumstances to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of liquor. |
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