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, whilst 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 —
(i)
to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both; and
(ii)
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.
(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).
(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.
(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.
(6) In this section, an individual is drunk if —
(a)
the individual’s speech, balance, co‑ordination or behaviour is noticeably affected; and
(b)
it is reasonable in the circumstances to believe that the affected speech, balance, co‑ordination or behaviour is the result of the consumption of liquor.
