Part 10Unlawful consumption of liquor

Part 10—Unlawful consumption of liquor 129—Consumption of liquor on regulated premises (1) If regulated premises are unlicensed, a person who consumes liquor on the premises is guilty of an offence. (2) If regulated premises are unlicensed, a person who supplies liquor on or in the vicinity of the premises for consumption on the premises is guilty of an offence. 130—Unlawful consumption of liquor (a) a prescribed entertainment is held on unlicensed premises; and (b) the organisers of the entertainment have stipulated, in a manner calculated to come to the attention of those attending the entertainment, that no liquor is to be consumed on, or brought onto, the premises during the entertainment, a person who consumes liquor on or in a place adjacent to the premises during a period commencing 30 minutes before the entertainment commences and ending 30 minutes after it concludes is guilty of an offence. (2) This section does not prevent the consumption of liquor on licensed premises. (3) It is a defence to a charge of an offence against this section to prove the defendant— (a) did not come to the relevant place for the purpose of attending or participating in the entertainment or for any other purpose connected with the entertainment; and (b) did not know and could not reasonably be expected to have known of the circumstances rendering the consumption of liquor in that place unlawful. prescribed entertainment means— (a) a dance; (b) any other entertainment declared by regulation to be a prescribed entertainment for the purposes of this section. 131—Control of consumption etc of liquor in public places (1) The Minister may, by notice in the Gazette, prohibit the consumption or possession or both of liquor in the public place or public places specified in the notice. (1a) The Commissioner may, by notice in the Gazette, prohibit the consumption or possession or both of liquor in the public place or public places specified in the notice during the period (not exceeding 14 days) specified in the notice. (1ab) Subject to this section, a council may, by notice in the Gazette, prohibit the consumption or possession or both of liquor in the public place or public places within the area of the council specified in the notice during the period (not exceeding 48 hours) specified in the notice. (1ac) A notice under subsection (1ab) cannot take effect unless the notice is published in the Gazette at least 14 days before the commencement of the period specified in the notice (being the period during which the prohibition under the notice is to apply). (1ad) A council must, within 7 days after publishing a notice under subsection (1ab), give a copy of the notice to the Commissioner of Police. (1b) A person who contravenes a prohibition under subsection (1), (1a) or (1ab) is guilty of an offence. (1c) A notice under— (a) subsection (1) may be varied or revoked by the Minister by further notice in the Gazette; or (b) subsection (1a) may be varied or revoked by the Commissioner by further notice in the Gazette; or (c) subsection (1ab) may be varied or revoked by the council by further notice in the Gazette. (2) A notice under subsection (1), (1a) or (1ab)— (a) may relate to a specified public place or to public places of a specified kind; (b) may be absolute or conditional; (c) may operate continuously or at specified times; (d) may exempt a specified person, or class of persons, from the operation of the prohibition. (3) If, in proceedings for an offence against subsection (1b) constituted of the possession of liquor, the question arises as to whether the possession was lawful under section 104, the onus of proving that the possession was lawful lies on the defendant. (4) The regulations may make further provisions in relation to a prohibition under this section (including, to avoid doubt, by exempting a person, or a person of a class, from the operation of this section).