Liquor
(Restrictions on Consumption) (Jersey) Law 2005
A LAW to enable a police officer to
require a young person not to consume intoxicating liquor in a public place, or
in a place to which he or she has unlawfully gained access, if the officer
believes on reasonable grounds that the young person is consuming, has recently
consumed or intends to consume intoxicating liquor there; to provide for the
removal from such a person of a container reasonably believed to contain
intoxicating liquor; to provide for the removal, from any person in a public
place or a place to which the person has unlawfully gained access, of a
container reasonably believed to contain intoxicating liquor, if it is also
believed on reasonable grounds that it is held for consumption by a young
person in such a place; to provide for the detention and disposal of containers
so removed, and their contents; and for connected and incidental purposes.
Commencement [see endnotes]
1 Interpretation
(1) In this Law, unless the
context otherwise requires –
“liquor” means intoxicating liquor as defined in Article 1(1)
of the Licensing (Jersey) Law 1974;
“public place” does not include –
(a) licensed
premises as defined in Article 1(1) of the Licensing (Jersey) Law 1974; or
(b) any
other place at which liquor may for the time being lawfully be sold;
“young person” means a person who has not attained the
age of majority.
(2) For the purposes of
this Law, a person is responsible for a young person –
(a) if
the first person is a parent or guardian of the young person; or
(b) if
the first person has attained the age of majority, and is for the time being
the person immediately responsible for the young person’s well-being
(whether because the young person is the other person’s guest or for any
other reason).
(3) Where this Law confers
any power on a police officer or on a court in respect of any container, the
Law shall also be construed (unless otherwise expressly provided) as conferring
the same power on that police officer or court in respect of the contents of
the container.
2 Removal
of liquor from young persons
(1) This Article applies
if –
(a) a
young person is in any public place;
(b) a
police officer reasonably believes that the young person is in possession of
liquor;
(c) the
police officer reasonably believes that the young person is consuming or has
recently consumed or intends to consume liquor in that place; and
(d) the
young person is not accompanied by a person who is responsible for the young
person.
(2) This Article also
applies if –
(a) a
young person is in a place to which he or she has unlawfully gained access;
(b) a
police officer reasonably believes that the young person is in possession of
intoxicating liquor; and
(c) the
police officer reasonably believes that the young person is consuming or has
recently consumed or intends to consume liquor in that place.
(3) The police officer may
require the young person not to consume in the place concerned –
(a) liquor;
or
(b) anything
that the police officer reasonably believes to be liquor.
(4) The police officer may
require the young person to surrender to a police officer any
container –
(a) that
is in the young person’s possession in the place concerned; and
(b) that
the police officer reasonably believes to contain liquor,
and a police officer may detain a container so surrendered.
(5) The police officer may
require the young person to give his or her name and address to a police
officer.
(6) If the police officer
is not in uniform, he or she shall before imposing a requirement on a young
person under any of paragraphs (3), (4) and (5) show documentary evidence
that he or she is a police officer to the young person.
(7) A police officer who
imposes a requirement on a young person under any of paragraphs (3), (4)
and (5) shall inform the young person that failing without reasonable excuse to
comply with the requirement is an offence.
(8) A young person who
fails without reasonable excuse to comply with a requirement imposed on the
young person under any of paragraphs (3), (4) and (5) shall be guilty
of an offence.
3 Removal
of liquor intended for young persons
(1) This Article applies
if –
(a) a
person is in any public place;
(b) a
police officer reasonably believes that the person is in possession of liquor;
(c) the
person is with a young person in that place, or the police officer reasonably
believes that the first person has recently been with a young person in that
place;
(d) the
police officer reasonably believes that the first person intends to give liquor
to the young person for consumption in that place; and
(e) the
young person is not accompanied by a person who is responsible for the young
person.
(2) This Article also
applies if –
(a) a
person is in a place to which he or she has unlawfully gained access;
(b) a
police officer reasonably believes that the person is in possession of
intoxicating liquor;
(c) the
person is with a young person in that place, or the police officer reasonably
believes that the first person has recently been with a young person in that
place; and
(d) the
police officer reasonably believes that the first person intends to give the
intoxicating liquor to the young person for consumption in that place.
(3) The police officer may
require the first person to whom paragraph (1) or paragraph (2)
refers (“the first person”) to surrender to a police officer any
container –
(a) that
is in the person’s possession in the place concerned; and
(b) that
the police officer reasonably believes to contain liquor,
and a police officer may detain a container so surrendered.
(4) The police officer may
require the first person to give his or her name and address to a police
officer.
(5) If the police officer
is not in uniform, he or she shall before imposing a requirement on a person
under either of paragraphs (3) and (4) show documentary evidence that he
or she is a police officer to the person.
(6) A police officer who
imposes a requirement on a person under either of paragraphs (3)
and (4) shall inform the person that failing without reasonable excuse to
comply with the requirement is an offence.
(7) A person who fails
without reasonable excuse to comply with a requirement imposed on the person
under either of paragraphs (3) and (4) shall be guilty of an offence.
(8) In this Article,
“the place concerned” means –
(a) the
public place, if this Article applies by reason of paragraph (1); and
(b) the
place to which the first person has unlawfully gained access, if this Article
applies by reason of paragraph (2).
4 Enforcement
If a person commits an offence under either of Articles 2 and
3, a police officer may seize and detain any container –
(a) that is in the
person’s possession in the place in which the offence occurs; and
(b) that the police officer
reasonably believes to contain liquor.
5 Disposal
of containers and their contents by police officers
(1) A police officer may
dispose of –
(a) any
container that is surrendered to a police officer in compliance with a
requirement under either of Articles 2 and 3, and detained under that
Article by a police officer; or
(b) any
container that is seized and detained by a police officer under Article 4.
(2) Paragraph (1) does
not authorize a police officer to dispose of a sealed container or its
contents.
(3) Paragraph (1) does
not authorize a police officer to dispose of an unsealed container that has
intrinsic value apart from the fact that –
(a) it is
a container; or
(b) it is
made from material of which containers of liquor are ordinarily made,
but this restriction does not apply to the contents of the
container.
(4) Nothing in this Article
prevents a police officer from returning a container (whether or not including
its contents) to the person by whom it is surrendered or from whom it is
seized.
(5) However, paragraph (4)
is subject to Articles 6 and 7.
6 Return
of containers obtained from young persons
(1) This Article applies to
a container –
(a) that
is surrendered to a police officer by a young person in compliance with a
requirement under either of Articles 2 and 3; or
(b) that
is seized by a police officer under Article 4 from a young person.
(2) A police officer may
only return a container to which this Article applies (whether or not including
its contents) to a young person by whom it is surrendered or from whom it is
seized –
(a) by
delivering the container to a parent or guardian of the young person; or
(b) in
accordance with a court order.
(3) If a police officer
delivers a container to a parent or guardian of a young person under paragraph (2),
the container shall be taken to have been returned to the young person.
7 Disposal
under court orders
(1) A court before which a
person is convicted of an offence under this Law may order anything shown to
its satisfaction to be –
(a) a
container surrendered to a police officer in compliance with a requirement
under either of Articles 2 and 3; or
(b) a
container seized by a police officer under Article 4,
to be forfeited or disposed of in such other manner as the court may
order.
(2) If a court orders a
container to be forfeited under paragraph (1), it may order the container
to be destroyed or dealt with in such other manner as the court may order.
8 Penalty
A person who commits an offence under this Law shall be liable to a
fine of level 2 on the standard scale.
9 Parties
to offences
Any person who aids, abets, counsels or procures the commission of
an offence under this Law shall also be guilty of the offence and liable in the
same manner as a principal offender to the penalty provided for that offence.
10 Citation
This Law may be cited as the Liquor (Restrictions on Consumption)
(Jersey) Law 2005.