Legislation
Section 62 of the Act
62 Premises etc to which alcohol prohibition does not apply
(1) A prohibition in a public spaces protection order on consuming alcohol does not apply to-
(a) premises (other than council-operated licensed premises) authorised by a premises licence to be used for the supply of alcohol,
(b) premises authorised by a club premises certificate to be used by the club for the supply of alcohol,
(c) a place within the curtilage of premises within paragraph (a) or (b),
(d) premises which by virtue of Part 5 of the Licensing Act 2003 may at the relevant time be used for the supply of alcohol or which, by virtue of that Part, could have been so used within the 30 minutes before that time,
(e) a place where facilities or activities relating to the sale or consumption of alcohol are at the relevant time permitted by virtue of a permission granted under section 115E of the Highways Act 1980 (highway-related uses)
(2) A prohibition in a public spaces protection order on consuming alcohol does not apply to council-operated licensed premises—
(a) when the premises are being used for the supply of alcohol, or
(b) within 30 minutes after the end of a period during which the premises have been used for the supply of alcohol
(3) In this section—
"club premises certificate" has the meaning given by section 60 of the Licensing Act
2003,
"premises licence" has the meaning given by section 11 of that Act,
"supply of alcohol" has the meaning given by section 14 of that Act
(4) For the purposes of this section, premises are "council-operated licensed premises" if they are authorised by a premises licence to be used for the supply of alcohol and—
(a) the licence is held by a local authority in whose area the premises (or part of the premises) are situated, or
(b) the licence is held by another person but the premises are occupied by a local authority or are managed by or on behalf of a local authority
Section 63 Consumption of alcohol in breach of prohibition in order
(1) This section applies where a constable or an authorised person reasonably believes that a person (P)—
(a) is or has been consuming alcohol in breach of a prohibition in a public spaces protection order, or 17
(b) intends to consume alcohol in circumstances in which doing so would be a breach of such a prohibition
In this section "authorised person" means a person authorised for the purposes of this section by the local authority that made the public spaces protection order (or authorised by virtue of section 69(1))
(2) The constable or authorised person may require P—
(a) not to consume, in breach of the order, alcohol or anything which the constable or authorised person reasonably believes to be alcohol,
(b) to surrender anything in P's possession which is, or which the constable or authorised person reasonably believes to be, alcohol or a container for alcohol
(3) A constable or an authorised person who imposes a requirement under subsection (2) must tell P that failing without reasonable excuse to comply with the requirement is an offence
(4) A requirement imposed by an authorised person under subsection (2) is not valid if the person—
(a) is asked by P to show evidence of his or her authorisation, and
(b) fails to do so
(5) A constable or an authorised person may dispose of anything surrendered under subsection (2)(b) in whatever way he or she thinks appropriate
(6) A person who fails without reasonable excuse to comply with a requirement imposed on him or her under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale
Offences
67 Offence of failing to comply with order
(1) It is an offence for a person without reasonable excuse—
(a) to do anything that the person is prohibited from doing by a public spaces protection order, or
(b) to fail to comply with a requirement to which the person is subject under a public spaces protection order
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale
(3) A person does not commit an offence under this section by failing to comply with a prohibition or requirement that the local authority did not have power to include in the public spaces protection order
(4) Consuming alcohol in breach of a public spaces protection order is not an offence under this section (but see section 63)
Section 191 Licensing Act 2003
Meaning of "alcohol"
(1) In this Act, "alcohol" means spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor (in any state), but does not include—
(a) alcohol which is of a strength not exceeding 0 5% at the time of the sale or supply in question,
(b) perfume,
(c) flavouring essences recognised by the Commissioners of Customs and Excise as not being intended for consumption as or with dutiable alcoholic liquor,
(d) the aromatic flavouring essence commonly known as Angostura bitters,
(e) alcohol which is, or is included in, a medicinal product or a veterinary medicinal product,
(f) denatured alcohol,
(g) methyl alcohol,
(h) naphtha, or
(i) alcohol contained in liqueur confectionery
(2) In this section—
"denatured alcohol" has the same meaning as in section 5 of the Finance Act 1995 (c 4),
"dutiable alcoholic liquor" has the same meaning as in the Alcoholic Liquor Duties Act 1979 (c 4),
"liqueur confectionery" means confectionery which—
(a) contains alcohol in a proportion not greater than 0 2 litres of alcohol (of a strength not exceeding 57%) per kilogram of the confectionery, and
(b) either consists of separate pieces weighing not more than 42g or is designed to be broken into such pieces for the purpose of consumption,
"medicinal product" has the same meaning as in section 130 of the Medicines Act 1968 (c 67), and
"strength" is to be construed in accordance with section 2 of the Alcoholic Liquor Duties Act 1979
"veterinary medicinal product" has the same meaning as in regulation 2 of the Veterinary Medicines Regulations 2006