Matters of proof in relation to bylaws prohibiting alcohol in public place

Heading: inserted, on 18 December 2013, by section 5 of the Local Government (Alcohol Reform) Amendment Act 2012 (2012 No 121).

169A Proving substance is alcohol in relation to alleged breach of alcohol ban

(1)

In this section, labelled trade container means a container that is of a type sold in the ordinary course of trade, and is labelled to the effect that it contains 1.15% or more ethanol.

(2)

This subsection applies to a substance in respect of which a breach of alcohol ban is alleged to have been committed if the substance was in a container at the time the offence is alleged to have been committed, and—

(a)

the container was a labelled trade container; or

(b)

the container was not a labelled trade container but appeared to contain alcohol, and when it was opened the substance smelled like alcohol; or

(c)

the defendant has at any time made to a constable an admission to the effect that the substance was alcohol.

(3)

If, in any proceedings for a breach of alcohol ban, it is proved that subsection (2) applies to the substance in respect of which the breach is alleged to have been committed, the substance must be presumed to be alcohol unless the defendant—

(a)

proves that it was not; or

(b)

has served on the prosecution notice in writing at least 20 working days before the hearing that he or she disputes that the substance was alcohol.

Section 169A: inserted, on 18 December 2013, by section 5 of the Local Government (Alcohol Reform) Amendment Act 2012 (2012 No 121).

Section 169A(3)(b): amended, on 26 March 2015, by section 4 of the Local Government Act 2002 Amendment Act 2015 (2015 No 21).