Liquor Ban in Public Places

Scope

The purpose of this chapter of the Bylaw is to promote a safer environment in Waimate District by reducing the incidence of property damage and anti-social behaviour through the control, possession or use of liquor within specified areas of Waimate District in accordance with the powers provided in the Local Government Act 2002.

401 Liquor control

401.1 The following acts are prohibited in all Public Places that are subject to an alcohol ban prescribed by this chapter of the Bylaw:

(a) the consumption of liquor in a Public Place;

(b) the bringing of liquor into a Public Place;

(d) in conjunction with the activities prohibited under paragraphs (a) to (c), the presence or use of a Vehicle in a Public Place for those purposes.

401.2 For the purposes of clarity, this chapter of the Bylaw does not prohibit the activities described in sections 147, 147A-C of the Local Government Act 2002 (reproduced in the Second Schedule to this chapter of the Bylaw) or any activities detailed in any subsequent amendment to that section of the Act.

402 Liquor control area

402.1 The Council may from time to time by resolution of Council declare any specified area to be subject to the provisions of this chapter of the Bylaw for such times as are considered appropriate.

402.2 Areas specified as being subject to an alcohol ban under the provisions of clause 402.1 shall be generally detailed in the First Schedule to this chapter of the Bylaw, however Council may also apply as it sees fit alcohol bans of a temporary nature to areas that may not be in the First Schedule.

402.3 This chapter of the Bylaw does not prohibit the consumption or possession of liquor in a place for which a liquor licence has been issued under the Sale and Supply of Alcohol Act 2012.

402.4 For the avoidance of doubt the liquor control area includes all designated road and footpath areas within the liquor control area.

403 Times of liquor control

403.1 Liquor control shall apply at all times in the liquor control area unless an exemption is granted under the provisions of clause 404 of this Bylaw.

404 Exemptions

404.1 Any person may apply to the Regulatory Manager (or their nominated representative) for an exemption by prior written permission for any activity that would be in breach of any prohibition under this bylaw.

404.2 Fees may be prescribed for processing these permissions. This fee may be refunded, remitted, or waived at the Regulatory Manager’s (or their nominated representative) discretion.

405 Breach of Bylaw

405.1 Any Person who acts in breach of this chapter of the Bylaw commits an offence and is liable on summary conviction to a fine of up to $20,000.

406 Enforcement of Bylaw

406.1 The Police will enforce this chapter of the Bylaw by means of the powers of arrest, search and seizure found in sections 169, 169A and 170 of the Local Government Act 2002 (reproduced in the Second Schedule to this chapter of the Bylaw).

407 Sale and Supply of Alcohol Act 2012

407.1 This chapter of the Consolidated Bylaw may be subject to amendment following any subsequent Legislation, Regulations and Local Alcohol Policy requirements and/or amendments.