Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who
consumes liquor in any place or on any premises, including any park or
reserve, without the consent of the occupier, or of the person or authority
having control, of that place or those premises commits an offence.
Penalty: a fine of $2 000.
(2) Subject to
subsection (3), a person who —
(a)
brings liquor into; or
(b) has
in his or her possession or control any liquor in; or
(c)
consumes liquor in,
any sports ground or
stadium, whether or not enclosed or fenced, during a period commencing one
hour before and ending one half-hour after the holding or conduct of any
event, including any sport or game, for public exhibition, commits an offence.
Penalty: a fine of $2 000.
(3)
Subsection (2) does not apply to or in relation to —
(a) an
event in which the participants take part for their own recreation and not by
way of public exhibition; or
(b)
liquor the possession and sale of which is authorised by a licence or permit
under this Act; or
(c)
persons attending a private function, not open to the public, at which liquor
is supplied without charge; or
(d) any
area within the ground or stadium to which the public is not permitted to have
access, in so far as the consumption of liquor there is with the consent of
the person or authority having control of that area.
(4) Except where
exempted in regulations under section 6(1)(o) or where the supply of that
liquor was authorised by a licence or permit under this Act and the place
where the liquor is consumed is for the time being a place to which that
licence or permit applies, a person who consumes liquor —
(a) on
any road, within the meaning of the Road Traffic Act 1974 ; or
(b)
within 400 m of any public hall during the conduct of any entertainment in
that hall to which the public is permitted to have access; or
(c) in
any place or on any premises to which the public is permitted to have access,
whether on payment of a charge or otherwise, which is a place or premises
prescribed for the purposes of this subsection,
commits an offence.
Penalty: a fine of $2 000.
(5) Where a
person —
(a) is
the occupier of, a manager of, or a person who has the control of, any place
or premises to which subsection (2) or (4)(c) applies; or
(ba) is
in charge of a vehicle on a road referred to in subsection (4)(a); or
(b) is
employed by, or the agent of, a person referred to in paragraph (a) or
(ba),
and permits or suffers
any other person to contravene that subsection, the person commits an offence.
Penalty: a fine of $2 000.
(6) It is not a
defence to a charge of an offence against this section that the liquor was in,
or was consumed in or upon, a vehicle.
(7) Where a person is
the occupier or has or takes part in the care, management, or control of any
unlicensed premises (other than a place or premises to which
subsection (2) or (3) applies) and allows those premises to be kept or
used as a place of resort for the consumption of liquor, the person commits an
offence.
Penalty: a fine of $2 000.
(8)
Subsection (7) does not apply to the consumption of
liquor —
(a) by a
person on any premises on which that person resides, whether that person is
the occupier of the premises or not; or
(b)
which is supplied to a person by way of gift, or as a guest of, a person who
resides on the premises on which the liquor is consumed.
(9) For the purposes
of subsection (7), 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 shall be deemed to be an occupier of the premises, but without
affecting the liability of any other person.
(10) For the purposes
of subsection (7), premises may be deemed to be kept or used as a place
of resort for the consumption of liquor even though they are open only for the
use of particular persons or particular classes of persons, and not to all
persons who wish to use them.
(11) A person who, not
being a member of the Police Force in the execution of his or her duty, is
found on any unlicensed premises kept or used in contravention of
subsection (7) commits an offence and may be arrested.
Penalty: a fine of $2 000.
(12) It is a defence
to a charge under subsection (11) if the accused proves that he or
she —
(a) was
present on the premises for a lawful purpose; and
(b)
neither took part nor intended to take part in any unlawful sale, supply, or
consumption of liquor.
[Section 119 amended by No. 84 of 2004
s. 80 and 82; No. 73 of 2006 s. 86 and 110; No. 56 of 2010
s. 25, 60 and 69.]
[Heading inserted by No. 73 of 2006
s. 87.]