235 Use of unlicensed premises as place of resort for consumption of alcohol

(1)

A person who is the occupier, or has or takes part in the care, management, or control, of any unlicensed premises commits an offence if that person allows those premises to be kept or used as a place of resort for the consumption of alcohol.

(2)

A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $20,000.

(3)

Subsections (1) and (2) do not apply to the consumption of alcohol—

(a)

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

(b)

supplied to any person by way of gift by any person who resides on the premises on which the alcohol is consumed.

(4)

A person who acts as, or as if he or she were, an occupier or a person having any part in the care, management, or control of any premises is to be treated as an occupier of the premises, but without affecting the liability of any other person.

(5)

Premises may be treated as being kept or used as a place of resort for the consumption of alcohol even though they are open only for the use of particular people or particular classes of person, and not to all people who wish to use them.

Compare: 1989 No 63 s 153