5.1.6
Consumption of alcohol following a verbal warning by an authorised person to stop. An authorised person includes a Police Constable, Police Community Support Officer, a Council Officer, or any other person authorised by the Council.
6. For the purposes of paragraph 5.1.6 of this Order:
Paragraph 5.1.6 of this Order does not apply to alcohol being consumed within premises licensed under the Licensing Act 2003 or s115E of the Highways Act 1980 have a premises license of club premises certificate for the sale or supply of alcohol. This provision also does not apply to events within the Restricted Area which are licensed for the sale or supply of alcohol.
OFFENCE AND FIXED PENALTY NOTICES
7.
In accordance with section 63 of the Act, a person found to be in breach of paragraph 5.1.6 of this Order is guilty of an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale. In accordance with section 67 of the Act, a person found to be in breach of any other provision of this Order is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale
8.
9.
An authorised person may issue a Fixed Penalty Notice of £100 under Section 68 of the Act to anyone they have reason to believe has committed an offence under this Order.
APPEALS
10.
In accordance with section 66 of the Act, any interested person who wishes to challenge the validity of this Order on the grounds that the Council did not have the power to make the Order or that any requirement of the Act has not been complied with may apply to the High Court within six weeks from the date on which this Order is made. “Interested person” means an individual who lives in the restricted area or who regularly works in or visits that area.
The Common Seal of Epsom & Ewell Borough Council was affixed in the presence of:
Authorised Officer
169
Made with FlippingBook Digital Proposal Creator