CONSUMPTION OF INTOXICATING LIQUOR IN DESIGNATED PLACES BYELAW

CONSUMPTION OF INTOXICATING LIQUOR IN DESIGNATED PLACES

Byelaws made by the Shrewsbury and Atcham Borough Council under Section 235 of the Local Government Act 1972 for the good rule and government of Shrewsbury and Atcham Borough and for the prevention and suppression of nuisances and under Section 164 of the Public Health Act 1875 and Sections 12 and 15 of the Open  Spaces Act 1906 with regard to public walks, pleasure grounds and open spaces.

INTERPRETATION

In these byelaws:-

 "the Council" means Shrewsbury and Atcham Borough Council.

 "designated place" means any place specified in Part I of the Schedule and hatched black on the plan which forms part of these byelaws or specified in Part II of the Schedule excepting:

(a) any area which is within the curtilage of any licensed premises or registered club, or

(b) any place at which the sale of intoxicating liquor is or has, within the previous 20 minutes, been authorised by virtue of an occasional licence or an occasional permission;

"intoxicating liquor" means spirits, wine, beer, cider and any other fermented, distilled or spirituous liquor with an alcohol content exceeding 0.5% by volume;

"licensed premises", "registered club" and "occasional licence" have the same meanings as in the Licensing Act 1964;

"occasional permission" has the same meaning as in the Licensing (Occasional Permissions) Act 1983.

EXTENT

2. (1) Subject to paragraph (2) these byelaws apply to all designated places.

(2) These byelaws shall not apply during such times and consecutive dates and in respect of such designated place or part thereof as are specified in a notice to be displayed by the Council in a conspicuous position at that designated place for a period of 7 days before the first specified date.

(3) Notice of the effect of these byelaws shall be given by signs placed in such positions as the Council may consider adequate to inform persons using designated places.

CONSUMPTION OF INTOXICATING LIQUOR IN
DESIGNATED PLACES

3. Any person who consumes intoxicating liquor in a designated place after being warned by a constable not to do so shall be guilty of an offence PROVIDED that no offence is committed by a person who consumes intoxicating liquor purchased from adjoining licensed premises in any designated area in respect of which there is at that time in force either a permit granted by the Council to the licensee of such premises to use the highway for the provision of facilities for refreshments under its powers in Section 115 (E) of the Highways Act 1980 or a permit granted by the Council to the licensee of such premises to use The Square, Shrewsbury, for the provision of facilities for refreshments under the provisions of the Shrewsbury and Atcham Borough Council Act 1998.

PENALTY

4. Any person offending against byelaw 3 shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

SCHEDULE

Part I

1. All those public areas within the river loop as shown hatched black on the plan which forms part of these byelaws and including the public car parks, the bus station and The Quarry; and

2. Other areas within the river loop:

(a) The Churchyards of St. Alkmund's, St. Chad's, Old St. Chad's, St. Julian's detached, and St. Mary's and

(b) The Castle grounds and forecourt, the Library Gardens, and the footpath off Castle Gates through the Records Office to Raven Meadows.

Part II

 Areas outside the river loop:

 Abbey Gardens Greyfriars Bridge and its approach
 English Bridge The Barge Gutter
 Frankwell Car Park Poplar Island
 Frankwell Footbridge Porthill Bridge
 Frankwell Playing Fields Water Lane (part adjacent to the river)
 Frankwell Towpath Welsh Bridge