MARLBOROUGH DISTRICT COUNCIL LIQUOR BAN BYLAW 2011 Liquor Control in Public Places Explanatory Note The Local Government Act 2002 gives Council the power to control the consumption and possession of liquor in public places. The Council can use this power generally, to create on-going liquor bans in public places, or to ban liquor for one-off special events or occasions in public places. The aim of this bylaw is to control the consumption of alcohol in those public places where Council is concerned that the possession of liquor in the public place, whether generally or over a specified period may result in disorderly behaviour and criminal offending. Definitions For the purposes of this bylaw the following definitions will apply: “Liqu or” has the meaning given to it in section 147(1) of the Local Government Act 2002, being the meaning given to it in the Sale of Liquor Act 1989. “Public pl ace” has the meaning given to it in section 147(1) of the Local Government Act 2002, which for Marlborough District Council’s purposes: (1) means a place- (i) that is under the control of Marlborough District Council; and (ii) that is open to, or being used by, the public, whether or not there is a charge for admission; and (2) includes- (i) a road, whether or not the road is under the control of a territorial authority; and (ii) any part of a public place. For the avoidance of doubt, a specified public place does not include any part of that place for which a current liquor licence is in force in accordance with the Sale of Liquor Act 1989 to the extent that the liquor licence permits the activities which would otherwise be prohibited under this Bylaw. "Specified public pl ace" means a public place which is specified in a resolution passed for the purpose of this bylaw and in respect of which this bylaw prohibits or otherwise regulates or controls the consumption or possession of liquor either generally or in respect of any specified period. "Specified peri od" means a period specified in a resolution passed for the purpose of this bylaw and within which the prohibitions and controls in this bylaw will apply in relation to a particular specified public place. "Contai ner" includes any object used for or capable of holding, transporting or storing items, including without limitation any parcel, package, bag, case, perambulator or pushchair, shopping or sporting trundler, wheelbarrow or handtrolley, childs toy, or wheelchair. 1. RESOLUTION TO SPECIFY PUBLIC PLACES 1.1 Council may specify, by resolution, the public places in which the prohibitions and controls in this bylaw will apply. 1.2 A resolution made under 1.1 may specify that the prohibitions and controls in this bylaw will apply to the specified public places either generally, or only in relation to specified periods or events.