Orkney Islands Council ("the Council") in exercise of the powers conferred upon it by sections 201, 202 and 203 of the Local Government (Scotland) Act 1973, section 46 of the
Orkney County Council Act 197 4 and of all the other powers enabling it in that behalf, hereby makes the following byelaws:
1.1. In these byelaws, unless the context otherwise requires:
"alcohol", has the same meaning as in section 2 of the Licensing (Scotland) Act 2005;
"licensed premises" has the same meaning as in section 147(1) of the Licensing (Scotland) Act 2005 but does not include premises in respect of which there is a provisional premises license (within the meaning of section 45(5) of that Act);
"occasional license" has the same meaning as in section 56(1) of the Licensing (Scotland) Act 2005;
"designated place" means any place to which the public have access within the areas specified in Schedule 1 to these byelaws and shown outlined in red on the plans annexed and signed as relative hereto;
1.2. These byelaws may be cited as "The Orkney Islands Council Prohibition of Consumption of Alcohol in Designated Public Places Byelaws (Kirkwall) 2021 ".
2.1. Subject to paragraph 2.2. and 2.3. below, any person who consumes alcoholic liquor in a designated place and fails to desist on being required to do so by a Police Constable, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2.2. It shall not be an offence against these byelaws to do anything in any designated place which comes within the meaning of licensed premises.
2.3. It shall not be an offence against these byelaws to do anything in any designated place in respect of which an occasional licence is in operation during any period when alcohol may be sold there by virtue of that licence and for 15 minutes after the expiry of such a period.
3.1. This byelaw applies for the purposes of any trial for an offence against these byelaws.
3.2. Any liquid found in a container shall, subject to the provisions of this byelaw, be presumed to conform to the description of the liquid on the container.
3.3. A container which is found to contain:
shall, subject to the provisions of this byelaw, be presumed to have contained at the time of the alleged offence liquid which confirmed to the description of the liquid on the container.
3.4. A person shall not be entitled to lead evidence for the purpose of rebutting a presumption mentioned in paragraphs (2) or (3) above unless, not less than 7 days before the date of the trial, they have given notice to the prosecutor of their intention to do so.
4.1. The Council shall erect one or more signs at or reasonably adjacent to each designated place for the purpose of giving notice of the effect of these byelaws.
4.2. It shall be no defence in proceedings against a person for an offence under these byelaws that the Council failed to comply with paragraph 4.1. of this bye law.
Gavin Rattray Mltchell.
Head of Legal Services.
Council Offices, Kirkwall, Orkney, KW15 1 NY.
17 November 2021.