Sporting Events (Control of Alcohol etc.) Act 1985

JurisdictionUK Non-devolved
Citation1985 c. 57


Sporting Events(Control of Alcohol etc.)Act 1985

1985 CHAPTER 57

An Act to make provision for punishing those who cause or permit intoxicating liquor to be carried on public service vehicles and railway passenger vehicles carrying passengers to or from designated sporting events or who possess intoxicating liquor on such vehicles and those who possess intoxicating liquor or certain articles capable of causing injury at designated sports grounds during the period of designated sporting events, for punishing drunkenness on such vehicles and, during the period of designated sporting events, at such grounds and, where licensed premises or premises in respect of which a club is registered (for the purposes of the Licensing Act 1964) are within designated sports grounds, to make provision for regulating the sale or supply of intoxicating liquor and for the closure of bars.

[25th July 1985]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Offences in connection with alcohol on coaches and trains.

1 Offences in connection with alcohol on coaches and trains.

(1) This section applies to a vehicle which—

(a ) is a public service vehicle or railway passenger vehicle, and

(b ) is being used for the principal purpose of carrying passengers for the whole or part of a journey to or from a designated sporting event.

(2) A person who knowingly causes or permits intoxicating liquor to be carried on a vehicle to which this section applies is guilty of an offence—

(a ) if the vehicle is a public service vehicle and he is the operator of the vehicle or the servant or agent of the operator, or

(b ) if the vehicle is a hired vehicle and he is the person to whom it is hired or the servant or agent of that person.

(3) A person who has intoxicating liquor in his possession while on a vehicle to which this section applies is guilty of an offence.

(4) A person who is drunk on a vehicle to which this section applies is guilty of an offence.

(5) In this section ‘public service vehicle’ and ‘operator’ have the same meaning as in the Public Passenger Vehicles Act 1981.

S-2 Offences in connection with alcohol, containers etc. at sports grounds.

2 Offences in connection with alcohol, containers etc. at sports grounds.

(1) A person who has intoxicating liquor or an article to which this section applies in his possession—

(a ) at any time during the period of a designated sporting event when he is in any area of a designated sports ground from which the event may be directly viewed, or

(b ) while entering or trying to enter a designated sports ground at any time during the period of a designated sporting event at that ground,

is guilty of an offence.

(2) A person who is drunk in a designated sports ground at any time during the period of a designated sporting event at that ground or is drunk while entering or trying to enter such a ground at any time during the period of a designated sporting event at that ground is guilty of an offence.

(3) This section applies to any article capable of causing injury to a person struck by it, being—

(a ) a bottle, can or other portable container (including such an article when crushed or broken) which—

(i) is for holding any drink, and

(ii) is of a kind which, when empty, is normally discarded or returned to, or left to be recovered by, the supplier, or

(b ) part of an article falling within paragraph (a ) above;

but does not apply to anything that is for holding any medicinal product (within the meaning of the Medicines Act 1968 ).

S-3 Licensing hours within sports grounds.

3 Licensing hours within sports grounds.

(1) Where licensed premises or registered club premises are situated within the area of a designated sports ground—

(a ) the permitted hours in those premises for the purposes of Part III of the Licensing Act 1964 (hours during which intoxicating liquor may be sold or supplied in the premises or consumed in or taken from the premises) shall not, subject to the provisions of any order under this section in respect of the premises, include any part of the period of any designated sporting event at the designated sports ground, and

(b ) section 63(2)(b ) of that Act (intoxicating liquor ordered for consumption off the premises) shall not apply during any part of that period.

(2) Where licensed premises or registered club premises are so situated, a magistrates' court may by an order under this section provide—

(a ) that the permitted hours in the premises or any part of them shall, during so much of the period of any designated sporting event at the designated sports ground as would (apart from this section) be included in the permitted hours, include such period as may be determined under the order, and

(b ) that during the period so determined such conditions as may be specified in the order (including conditions modifying or excluding any existing conditions of the justices' licence or, as the case may be, the registration certificate) shall apply in respect of the sale or supply of intoxicating liquor in the premises;

and the justices' licence or, as the case may be, registration certificate shall have effect accordingly.

(3) An order under this section shall not apply to any part of the premises from which designated sporting events at the designated sports ground may be directly viewed.

(4) It shall be a condition of any order under this section that there shall be in attendance at the designated sports ground throughout the period of any designated sporting event a person—

(a ) who is responsible for securing compliance with this section, being the holder of the justices' licence or a person designated by him or, in the case of registered club premises, a person designated by the club, and

(b ) written notice of whose name and current address has been given to the chief officer of police.

(5) A magistrates' court may—

(a ) vary an order under this section, either generally or in respect of a particular designated sporting event and, in the latter case, may in particular provide that the order shall not have effect in respect of that event, or

(b ) revoke the order.

(6) A magistrates' court shall not in respect of any sports ground make an order under this section in any terms, or vary the terms of such an order (otherwise than by providing for it not to have effect in respect of a particular event), unless satisfied that having regard in particular to the arrangements made for the admission of spectators and for regulating their conduct, an order in the terms proposed is not likely to be detrimental to the orderly conduct or safety of spectators.

(7) Where an order under this section is in force in respect of any sports ground and a police officer of rank not less than inspector is of the opinion—

(a ) that the sale or supply of intoxicating liquor in pursuance of the order during the period of a particular designated sporting event is likely to be detrimental to the orderly conduct or safety of spectators at that event, and

(b ) that it is impracticable for an application to be made to a magistrates' court for the variation of the order in respect of that event,

he may give written notice to the person whose name has been given to the chief officer of police in accordance with subsection (4) above.

(8) A notice is to be treated as given to a person under subsection (7) above if it is left at—

(a ) the licensed premises or, as the case may be, the registered club premises, or

(b ) the address notified under subsection (4)(b ) above.

(9) A notice under subsection (7) above may state that, with effect from the time when the notice is given, the order under this section shall, in respect of the sporting event concerned—

(a ) cease to have effect, or

(b ) have effect subject to such modifications as may be specified in the order;

and the order shall apply accordingly.

(10) A person who sells or supplies or authorises the sale or supply of intoxicating liquor at any time that is excluded from the permitted hours by virtue of this section or in contravention of conditions imposed under this section is not guilty of an offence under section 59(1)(a ) of the Licensing Act 1964 (prohibition of sale etc. outside permitted hours) but shall be guilty of an offence under this subsection if—

(a ) he is the holder of the justices' licence or, as the case may be, an officer of the club, or

(b ) he knows or has reasonable cause to believe the sale or supply to be such a contravention.

(11) A person is not guilty of an offence under section 59(1)(b ) of that Act (prohibition of consumption etc. outside permitted hours) in respect of any time which by virtue of a notice under subsection (7) above is not part of the permitted hours unless he knows or has reasonable cause to believe that the time is not part of those hours.

S-4 Supplementary provisions about orders under section 3.

4 Supplementary provisions about orders under section 3.

(1) Subject to the provisions of this section, an order under section 3 of this Act in respect of any premises shall (unless sooner revoked) cease to have effect—

(a ) on the coming into effect of a further order under that section in respect of those premises, or

(b ) on the expiration of the period of five...

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