632AConfiscation of alcohol in certain public and other places

632A Confiscation of alcohol in certain public and other places

632A Confiscation of alcohol in certain public and other places

(1) A police officer or an enforcement officer may seize any alcohol (and the bottle, can, receptacle or package in which it is contained) that is in the immediate possession of a person in an alcohol prohibited area if the officer has reasonable cause to believe that the person—

(a) is drinking, or

(b) is about to drink, or

(c) has recently been drinking,

alcohol in the alcohol prohibited area.

(2) Any alcohol or thing seized under this section is, by virtue of the seizure, forfeited—

(a) if seized by a police officer—to the State, or

(b) if seized by an enforcement officer—to the council that employs the officer.

(3) Any alcohol seized under this section may—

(a) be disposed of immediately by tipping it out of the bottle, can, receptacle or package in which it is contained, or

(b) be otherwise disposed of in accordance with directions given by the Commissioner of Police or the council (as the case requires).

(4) A council may declare any public place (or any part of a public place) in the council’s area to be an alcohol prohibited area for the purposes of this section. However, an alcohol prohibited area cannot be established in relation to a public place that is a public road (or part of a public road) or car park.

Note.

Alcohol-free zones can be established under Part 4 of this Chapter in relation to public roads or car parks.

(5) For the purposes of subsection (4), a public place includes any land comprising open space on public housing land. However, an alcohol prohibited area can only be established in relation to any such land if—

(a) the open space is adjacent to an existing alcohol prohibited area (other than an alcohol prohibited area situated on public housing land) or alcohol-free zone, and

(b) the open space is a common area (other than a common area within the curtilage of any building) that is available to the public housing tenants, and