25Consumption of liquor in streets, &c.

25 Consumption of liquor in streets, &c.

[Section 25 Inserted by No. 45 of 1995, s. 5 ]

(1)  [Section 25 Subsection (1) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 25 Subsection (1) omitted by No. 50 of 2009, s. 5, Applied:25 Nov 2009] .  .  .  .  .  .  .  .  

(2)  A person must not consume liquor in a public street or in any public place that is prescribed by the regulations for the purposes of this section.

Penalty:  Fine not exceeding 2 penalty units or, in the case of a second or subsequent offence, a fine not exceeding 5 penalty units.

(3)  A person must not, without reasonable excuse (proof of which lies on the person), have in his or her possession an opened or unsealed container of liquor in a public street or in any public place that is prescribed by the regulations for the purposes of this section.

Penalty:  Fine not exceeding 2 penalty units or, in the case of a second or subsequent offence, a fine not exceeding 5 penalty units.

(4)  This section does not apply to a person who is –

(a) [Section 25 Subsection (4) amended by No. 24 of 2004, s. 47, Applied:01 Jan 2005] on licensed premises, within the meaning of the Liquor Licensing Act 1990 , or on premises at which food is sold for consumption on those premises; or

(b) within 50 metres of any such premises and is using furniture or other facilities lawfully provided by the proprietor or lessee of those premises for that purpose; or

(c) [Section 25 Subsection (4) amended by No. 24 of 2004, s. 47, Applied:01 Jan 2005] in a place where the possession and consumption of liquor is permitted under a permit or licence in force under the Liquor Licensing Act 1990 .

(5)  A person who is in a stationary motor vehicle in a public street or in a prescribed public place is taken to be in the public street or in the prescribed public place.