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2 1994

CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994

PART III

Crowd Control at Public Events

Interpretation ( Part III ).

20. —In this Part—

container” does not include a container for any medicinal product;

disposable container” includes—

(a) any bottle, can or other portable container or any part thereof (including any crushed or broken portable container or part thereof) for holding any drink which, when empty, is of a kind normally discarded or returned to, or left to be recovered by, the supplier, and

(b) any crate or packaging designed to hold more than one such bottle, can or other portable container;

event” has the meaning assigned to it by section 21 (1);

intoxicating liquor” includes any container containing intoxicating liquor, whether or not a disposable container.

Control of access to certain events, etc.

21. —(1) If it appears to a member of the Garda Síochána not below the rank of superintendent that it is necessary in the interests of safety or for the purpose of preserving order to restrict the access of persons to a place where an event is taking or is about to take place which attracts, or is likely to attract, a large assembly of persons (in this Part referred to as the “event”), he may authorise any member of the Garda Síochána to erect or cause to be erected a barrier or a series of barriers on any road, street, lane, alley or other means of access to such a place in a position not more than one mile therefrom for the purpose of regulating the access of persons or vehicles thereto.

(2) Where a barrier has been erected in accordance with subsection (1), a member of the Garda Síochána in uniform may by oral or manual direction or by the exhibition of any notice or sign, or any combination thereof—

(a) divert persons generally or particularly and whether in or on vehicles or on foot to another means of access to the event, including a means of access to that event on foot only, or

(b) where possession of a ticket is required for entrance to the event, prohibit a person whether in or on vehicles or on foot from crossing or passing the barrier towards the event where the person has no such ticket, or

(c) indicate that to proceed beyond the barrier while in possession of any intoxicating liquor, disposable drinks container or offensive article will render such liquor, container or article liable to confiscation.

(3) A member of the Garda Síochána shall not prohibit a person from crossing or passing a barrier erected under this section save for the purpose of diverting the person to another means of access to the event, if it appears to the member that the person is seeking to do so for the purpose only of—

(a) going to his dwelling or place of business or work in the vicinity of the event, or

(b) going for any other lawful purpose to any place in the vicinity of the event other than the place where the event is taking place or is about to take place.

(4) A person who—

(a) fails to obey a direction given by a member of the Garda Síochána under subsection (2) for the purposes of paragraph (a) or (b) thereof, or

(b) fails to comply with the terms of a notice or sign exhibited under subsection (2) for the purposes of paragraph (a) or (b) thereof,

shall be guilty of an offence.

(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.

Surrender and seizure of intoxicating liquor, etc.

22. —(1) Where in relation to an event—

(a) a barrier has been erected under section 21 and it appears to a member of the Garda Síochána that a person on foot or in a vehicle is seeking to cross or pass the barrier, or has crossed or passed the barrier, for the purpose of going to the place where the event is taking place or is about to take place, or

(b) it appears to a member of the Garda Síochána that a person is about to enter, or has entered, the place where the event is taking place or is about to take place,

and the person has, or the member of the Garda Síochána suspects with reasonable cause that the person has, in his possession—

(i) any intoxicating liquor, or

(ii) any disposable container, or

(iii) any other article which, having regard to the circumstances or the nature of the event, could be used to cause injury,

the member may exercise any one or more of the following powers—

(I) search or cause to be searched that person or any vehicle in or on which he may be in order to ascertain whether he has with him any such liquor, container or other article,

(II) refuse to allow that person to proceed to the event or to proceed further, as the case may be, unless that person surrenders permanently to a member of the Garda Síochána as directed by the member such liquor, container or other article.

(2) Where a member of the Garda Síochána refuses to allow a person to proceed to the event or to proceed further by virtue of subsection (1) (II) and the person does not surrender the alcoholic liquor, disposable container or other article concerned, the member may require the person to leave the vicinity in an orderly and peaceful manner as directed by the member.

(3) A person who, without lawful authority or reasonable excuse, fails to comply with a requirement under subsection (2) shall be guilty of an offence.

(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.