In force2020 Revised Edition

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Liquor Control (Supply and Consumption) Act 2015 · 2020 Revised Edition · Part 3 · Consumption of Liquor

12. Prohibition against consumption of liquor

(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.

(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.

Terms defined in s 2

consumption permit
Defined · s 2
“consumption permit” means a permit granted under section 13;
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licensed premises
Defined · s 2
“licensed premises”, in relation to a licensee, means the premises specified in a liquor licence at which the licensee is authorised by the liquor licence to supply liquor;
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liquor
Defined · s 2
“liquor” means —(a)a beverage containing more than 0.5% ethanol by mass or volume;(b)a mixture of ethanol and some other substance or liquid (including water) and containing more than 0.5% ethanol by mass or volume; or(c)any other substance (whether or not a beverage or liquid) that is prescribed by the regulations as liquor;
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liquor licence
Defined · s 2
“liquor licence” means a liquor licence that is granted under section 8(1) and is in force;
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no‑public drinking period
Defined · s 2
“no‑public drinking period” means the period prescribed by the Minister under section 12 during which an individual must not consume liquor at any public place;
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place
Defined · s 2
“place” includes any motor vehicle, train, vessel, aircraft or other conveyance;
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public place
Defined · s 2
“public place” means —(a)any premises to which members of the public or a section of the public have access as of right or by virtue of any express or implied permission, whether or not on payment of a fee and whether or not access to the premises may be restricted at particular times or for particular purposes, and whether or not it is an approved place within the meaning of the Public Entertainments Act 1958; or(b)a part of any premises that the occupier of the premises allows members of the public to enter, but only while that part is ordinarily open to members of the public;
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trading hours
Defined · s 2
“trading hours”, for licensed premises, means the times during which the supply of liquor at those licensed premises is permitted by or under this Act.
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