AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 25

Division IV - Consumption of liquor 25. Consumption of liquor in streets, &c.

(1) .  .  .  .  .  .  .  .  
(2) A person must not consume liquor in a public street or in any public place that is prescribed by the regulations for the purposes of this section.

Penalty:

Fine not exceeding 2 penalty units or, in the case of a second or subsequent offence, a fine not exceeding 5 penalty units.
(3) A person must not, without reasonable excuse (proof of which lies on the person), have in his or her possession an opened or unsealed container of liquor in a public street or in any public place that is prescribed by the regulations for the purposes of this section.

Penalty:

Fine not exceeding 2 penalty units or, in the case of a second or subsequent offence, a fine not exceeding 5 penalty units.
(4) This section does not apply to a person who is –

(a) on licensed premises, within the meaning of the Liquor Licensing Act 1990, or on premises at which food is sold for consumption on those premises; or

(b) within 50 metres of any such premises and is using furniture or other facilities lawfully provided by the proprietor or lessee of those premises for that purpose; or

(c) in a place where the possession and consumption of liquor is permitted under a permit or licence in force under the Liquor Licensing Act 1990.

(5) A person who is in a stationary motor vehicle in a public street or in a prescribed public place is taken to be in the public street or in the prescribed public place.
(6) Regulations made for the purpose of this section may provide that a public place specified in the regulations is to be taken to be a public place to which this section applies only during specified periods and at specified times within those periods and, where the regulations so provide, this section applies in relation to that public place accordingly.



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