Crime, antisocial behaviour and nuisance Manchester City Council Alcohol Consumption Public Spaces Protection Order 2022

What happens if you don't comply with this order

Section 63 of the Anti-social Behaviour Crime and Policing Act 2014 provides that where a Constable or Authorised Person has reason to believe that a person has been consuming alcohol in breach of this Order or intends to consume alcohol in circumstances which would be a breach of this Order, the Constable or Authorised Person may require that person not to consume alcohol or anything which is reasonably believed to be alcohol and/or surrender anything believed to be alcohol or a container for alcohol.

A requirement is not valid if the Constable or Authorised Person, fails to show evidence of their authorisation. Section 62 of the Act (set out in legislation) contains a list of exceptions where the prohibition on consuming alcohol does not apply.

Failure to comply without having a reasonable excuse is an offence. 

Criminal offence

Section 67 of the Anti-Social Behaviour Crime, and Policing Act 2014 says that it is a criminal offence for a person without reasonable excuse:

(a) to do anything that the person is prohibited from doing by a public spaces protection order, or

(b) to fail to comply with a requirement to which the person is subject under a public spaces protection order.

Penalty

A person who is guilty of an offence under this Order shall be liable to a £100.00 Fixed Penalty Notice, or upon summary conviction to a fine not exceeding level 2 (£500) on the standard scale.

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