Western Province Public Nuisance Ordinance 1990

Title and Commencement Interpret ,.tion i'rohi bi tion of consum.9tio:n of liquor in :Jpecifiied y·.:t.blic places PROVIHOIAL GOVFJrnliENT ACT 1981 1:lEB'!T-RN PROVINCE. PUBLIC U1JISANQE, ORDiiNAN0lll ,199J 1. This Ordinance may 1be cited as the Hestnrn Province Public Nuisance Ordinance 19911' and i:!hall come into force three (3) months after the Ord.inance is :?Ubl:i.sheo. in the Solomon Islands Gazette 2. In this Ordinance, except where the conterl requires other1•tise: "licensed :9remises"·means e:ny premiaes orplace in respect of which a. Liq uor Licence under the Liquor Act (Cap •. 33) has been granted "li1J.uor'1 .rnea.ns any wine, £pirits, beer or any lig uid contain.in~ alcohol ordinarily used or fit for use as a bever~e "premises" means any structure, bui1c1in.g or part thereof together with the land on whioh the same is.situated and Fl.nY adjoining land used in oonneo~ion theretri th 11public place" means any road, ~remises, beaches 01~ ·a.ny cpe11 zpace to which the pu1:>lio a.'t'fr entitled ox· permitted to have a.oc egs and· includes the sea. 3.1 Any person found consuming liquor in any place listed in Seo~i'i'Qn· . 3 f2 beih'{? plS:ce~· .'to :;;rhich ·1.hl~ publ:fc ·uas · access and not being· uc~nsed premises is guilty of an o:ffence ancJ. i:;i li~ble to a fi11e '.l'lot exc13edinc three hunfu.•ed dol.'lars (~300-00) or to :impri~onment not e.xceeu.ine tllre-c (3) months 3. 2 The pla.cee whei·e consumptin 1 of liquor is T\rol1ibi:teC1. a.re:. (a.) Public wharves (b) Government a.nd.·Provinoial office, oommeroial and induot:d.c~l premises e:x:oept. with the pr,ior consent of the Goverr1men·~ or the Hestern Provincial uovernment (c) Public roads (d) Primary and secondary school premises excqpt with the T,):t~ior consent of the Scbool Boa.rd or Committeo a..1d ·the Provincial Education Division and except residential premises of teachers (e) Clinics and hospi ta.ls except with tho prior oonse11t of the Health and Medical Ministry or Division Public commercial areas including m~,1-ke·t places Rf;Sid.ontia.1 a.re&.o ,c::x;c~pt on: premiEJ.os with the prior permission of the ouner DJ.1d/or roE:ident Public beaches ?,djaoent to e:n.y of the ple.oos f:!pecified. in para.graphs (a), (b), (c), (d), (-o) and (f) P1~ohi bit ion QXL-the cctfisurnption of liquor· made in W .P . without approval Powers of C'\.ice Prohibition en littc,rinc Repeal 4.1 The consumption of liquor fermented, bre~·red, c1,istilled or otherwise made in2 tJestern Provir.ce without written approval granted pursuant to Section 53 of the Liquor Act (Cap 33) is prohibited 4. 2 Any person found consuming liciuor which has bee11 fermented, brewed, distilled or otherwise made in Western .t-rovince uhether by that person or by a.nothe::- person ur..less it ,is liquor which has been fermented, bi~ewed, distilled or otherwise made in accordance with a written approval granted pursuant to Section 53 of the Liquor Aot (O~p 33) is euilty of an offence and liable to a fine not exceeding three hundred dollars (¢300-00) or to imprisonment not exceeding three (3) months. 4. 3 The onus of provine; that the liquor has been made elsewhere than in Western Province lies on the a.ooused. 5.1 A Police Officei• or an Area. Constable may talce a sample or seize. a liquid being consumed. which he reasonable conside .. ,s to be liquor which has been fermen·ted, 1:>rewed, distilled or otherwise made in W1;r.it'orn Province ,.i thout tTi ttoI). ~-:1nroval Bra.nted pursuant to Section 53 of the Liquor Ao·t (Cap~ 33) 5~2 Any liquid eoized by a Police Officer· or Area Constable must be f:orward.ed promptly and. by the ': U1.ckest ava.i la.ble mean to a·pha.J."macist employed by the Solomon Islands .or 1fostern Provinoic1.l Government £or testin,<:,. 5.3 ·In: e;ny proceedin¾"s ur.d1,::r Ud:--:1 Ord:i.nano·e, a certificate signed by a pharmacist employed by -the f3olomon ·Islands or l!estern Provincial Government ste:l:ing whether the liquid it liquor is admissible in evid.ence and in the absence of evidence to tbe contrary may l>e accerrlied by the court · 5.4 Any person who obstructs or resists a Police Officer or Area Constable in the exercise of a;ny power con~orred. upon him under this Ordinance is guilty of an offence and is liable to a fine·not exceeding one hundred dollars (¢100--00) or to imprisonment not exoE!eding one (1) month 6.1 No porson is permit·ted to throw,· drop, d'iposit, or accumulate or cause to be thrown, drcpped, deposited or accumulated any tin~ bottle, box, pla.otio be& or contain~r or ~.ny oth::;r rubbish, refuse or 1i tter in an;r public place excapt in a place assigned to or in a receptacle provided for the purpose of depositing or accumulating litter, rubbish or refuse. 6.2 An person over the a,~e of twelve (12) yea.rs who throws, drops, deposits or accumulates or ca.uses to be thro.-m~ d.roppGd, doposi-tcd or aocu.mulate.d any tin, bottle, bo:r;7 )la:.;tic bag o:r container or any other rubbish, refuse or litter in any publi:: place which is not a place or receptacle assi~ed or provided for the C:.cposit or accumulnHon of litter, rubbish or refuse is guilty of an offence and liable to a fine no·t exceeding one hundrcrl dollnr::: (¢100-00) or t" imprisonment not exceadine; one ( l) month 7. The Hostern Province Prohibition of the ConsumDtion of Liquor in Public Places Ordir1ancc 1985 is hereby repr--~led··