Part 8
Regulatory, enforcement, and coercive powers of local
authorities
Enforcement powers:
Matters of proof in relation to bylaws prohibiting alcohol in
public place
169AProving substance is alcohol in relation to alleged breach of alcohol ban
In this section, labelled trade container means a container that is of a type sold in the ordinary course of trade, and is labelled to the effect that it contains 1.15% or more ethanol.
This subsection applies to a substance in respect of which a breach of alcohol ban is alleged to have been committed if the substance was in a container at the time the offence is alleged to have been committed, and—
- the container was a labelled trade container; or
- the container was not a labelled trade container but
appeared to contain alcohol, and when it was opened the
substance smelled like alcohol; or
- the defendant has at any time made to a constable an
admission to the effect that the substance was
alcohol.
If, in any proceedings for a breach of alcohol ban, it is proved that subsection (2) applies to the substance in respect of which the breach is alleged to have been committed, the substance must be presumed to be alcohol unless the defendant—
- proves that it was not; or
- has
served on the prosecution
notice in writing at least 20 working days before the
hearing that he or she disputes that the substance was
alcohol.