147 Power to make bylaws for alcohol control purposes

(1)

In this section,—

alcohol has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012

licensed premises has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012

public place

(a)

means a place that is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from it; but

(b)

does not include licensed premises.

(2)

A territorial authority may make bylaws for its district for the purpose of prohibiting or otherwise regulating or controlling, either generally or for one or more specified periods, any or all of the following:

(a)

the consumption of alcohol in public places:

(b)

the bringing of alcohol into public places:

(c)

the possession of alcohol in public places.

(3)

In conjunction with a bylaw under subsection (2), a territorial authority may make bylaws for its district for the purpose of prohibiting or otherwise regulating or controlling, either generally or for one or more specified periods, the presence or consumption of alcohol in vehicles, or vehicles of stated kinds or descriptions, in public places.

(4)

A bylaw under this section does not prohibit, regulate, or control, in the case of alcohol in an unopened container,—

(a)

the transport of the alcohol from licensed premises next to a public place, if—

(i)

it was lawfully bought on those premises for consumption off those premises; and

(ii)

it is promptly removed from the public place; or

(b)

the transport of the alcohol from outside a public place for delivery to licensed premises next to the public place; or

(c)

the transport of the alcohol from outside a public place to premises next to a public place by, or for delivery to, a resident of the premises or his or her bona fide visitors; or

(d)

the transport of the alcohol from premises next to a public place to a place outside the public place if—

(i)

the transport is undertaken by a resident of those premises; and

(ii)

the alcohol is promptly removed from the public place.

(5)

Subsections (2) and (3) do not limit section 145.

Section 147: replaced, on 18 December 2013, by section 4 of the Local Government (Alcohol Reform) Amendment Act 2012 (2012 No 121).