(1)
In this section and in sections 169A and 170,—
alcohol has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012
alcohol ban means a bylaw made under section 147
offence means a breach of an alcohol ban
restricted place means a public place (within the meaning of section 147(1)) in respect of which an alcohol ban is in force.
(2)
A constable may, without warrant,—
for the purpose of ascertaining whether alcohol is present, search—
a container (for example, a bag, case, package, or parcel) in the possession of a person who is in, or entering, a restricted place; or
a vehicle that is in, or is entering, a restricted place:
seize and remove any alcohol (and its container) that is in a restricted place in breach of an alcohol ban:
arrest any person whom the constable finds committing an offence:
arrest any person who has refused to comply with a request by a constable—
to leave a restricted place; or
to surrender to a constable any alcohol that, in breach of an alcohol ban is in the person’s possession.
(3)
Alcohol or a container seized under subsection (2)(b) is forfeited to the Crown if the person from whom the alcohol or container is seized pays the infringement fee.
Section 169: replaced, on 18 December 2013, by section 5 of the Local Government (Alcohol Reform) Amendment Act 2012 (2012 No 121).