Liquor Control Act 1988

A person who consumes liquor in any place or on any premises, including any park or reserve, without the consent of the occupier, or of the person or authority having control, of that place or those premises commits an offence.

Subject to subsection (3), a person who —

brings liquor into; or

has in his or her possession or control any liquor in; or

consumes liquor in,

Subsection (2) does not apply to or in relation to —

an event in which the participants take part for their own recreation and not by way of public exhibition; or

liquor the possession and sale of which is authorised by a licence or permit under this Act; or

persons attending a private function, not open to the public, at which liquor is supplied without charge; or

any area within the ground or stadium to which the public is not permitted to have access, in so far as the consumption of liquor there is with the consent of the person or authority having control of that area.

Except where exempted in regulations under section 6(1)(o) or where the supply of that liquor was authorised by a licence or permit under this Act and the place where the liquor is consumed is for the time being a place to which that licence or permit applies, a person who consumes liquor —

on a road as defined in the Road Traffic (Administration) Act 2008 section 4; or

within 400 m of any public hall during the conduct of any entertainment in that hall to which the public is permitted to have access; or

in any place or on any premises to which the public is permitted to have access, whether on payment of a charge or otherwise, which is a place or premises prescribed for the purposes of this subsection,

Where a person —

is the occupier of, a manager of, or a person who has the control of, any place or premises to which subsection (2) or (4)(c) applies; or

is in charge of a vehicle on a road referred to in subsection (4)(a); or

is employed by, or the agent of, a person referred to in paragraph (a) or (ba),

It is not a defence to a charge of an offence against this section that the liquor was in, or was consumed in or upon, a vehicle.

Where a person is the occupier or has or takes part in the care, management, or control of any unlicensed premises (other than a place or premises to which subsection (2) or (3) applies) and allows those premises to be kept or used as a place of resort for the consumption of liquor, the person commits an offence.

Subsection (7) does not apply to the consumption of liquor —

by a person on any premises on which that person resides, whether that person is the occupier of the premises or not; or

which is supplied to a person by way of gift, or as a guest of, a person who resides on the premises on which the liquor is consumed.

For the purposes of subsection (7), a person who acts as, or as if the person were, an occupier or a person having any part in the care, management, or control of any premises is taken to be an occupier of the premises, but without affecting the liability of any other person.

For the purposes of subsection (7), premises may be kept or used as a place of resort for the consumption of liquor even if they are open only for the use of particular persons or particular classes of persons, and not to all persons who wish to use them.

A person who, not being a police officer in the execution of his or her duty, is found on any unlicensed premises kept or used in contravention of subsection (7) commits an offence and may be arrested.

It is a defence to a charge under subsection (11) if the accused person proves that the person —

was present on the premises for a lawful purpose; and

neither took part nor intended to take part in any unlawful sale, supply, or consumption of liquor.