PART 4 E+WCommunity protection

CHAPTER 2E+WPublic spaces protection orders [F1and expedited orders]

Prohibition on consuming alcoholE+W

62Premises etc to which alcohol prohibition does not applyE+W

(1)A prohibition in a public spaces protection order [F2or expedited order] on consuming alcohol does not apply to—

(a)premises (other than council-operated licensed premises) authorised by a premises licence to be used for the supply of alcohol;

(b)premises authorised by a club premises certificate to be used by the club for the supply of alcohol;

(c)a place within the curtilage of premises within paragraph (a) or (b);

(d)premises which by virtue of Part 5 of the Licensing Act 2003 may at the relevant time be used for the supply of alcohol or which, by virtue of that Part, could have been so used within the 30 minutes before that time;

(e)a place where facilities or activities relating to the sale or consumption of alcohol are at the relevant time permitted by virtue of a permission granted under section 115E of the Highways Act 1980 (highway-related uses) [F3or by virtue of a pavement licence under section 1 of the Business and Planning Act 2020].

(2)A prohibition in a public spaces protection order [F4or an expedited order] on consuming alcohol does not apply to council-operated licensed premises—

(a)when the premises are being used for the supply of alcohol, or

(b)within 30 minutes after the end of a period during which the premises have been used for the supply of alcohol.

(3)In this section—

• “club premises certificate” has the meaning given by section 60 of the Licensing Act 2003;

• “premises licence” has the meaning given by section 11 of that Act;

• “supply of alcohol” has the meaning given by section 14 of that Act.

(4)For the purposes of this section, premises are “council-operated licensed premises” if they are authorised by a premises licence to be used for the supply of alcohol and—

(a)the licence is held by a local authority in whose area the premises (or part of the premises) are situated, or

(b)the licence is held by another person but the premises are occupied by a local authority or are managed by or on behalf of a local authority.

63Consumption of alcohol in breach of prohibition in orderE+W

(1)This section applies where a constable or an authorised person reasonably believes that a person (P)—

(a)is or has been consuming alcohol in breach of a prohibition in a public spaces protection order [F5or an expedited order], or

(b)intends to consume alcohol in circumstances in which doing so would be a breach of such a prohibition.

In this section “authorised person” means a person authorised for the purposes of this section by the local authority that made the F6... order (or authorised by virtue of section 69(1)).

(2)The constable or authorised person may require P—

(a)not to consume, in breach of the order, alcohol or anything which the constable or authorised person reasonably believes to be alcohol;

(b)to surrender anything in P's possession which is, or which the constable or authorised person reasonably believes to be, alcohol or a container for alcohol.

(3)A constable or an authorised person who imposes a requirement under subsection (2) must tell P that failing without reasonable excuse to comply with the requirement is an offence.

(4)A requirement imposed by an authorised person under subsection (2) is not valid if the person—

(a)is asked by P to show evidence of his or her authorisation, and

(b)fails to do so.

(5)A constable or an authorised person may dispose of anything surrendered under subsection (2)(b) in whatever way he or she thinks appropriate.

(6)A person who fails without reasonable excuse to comply with a requirement imposed on him or her under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.