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Offences in relation to prohibited hours.
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12.—The Act of 1927 is hereby amended by the deletion of section 17 and the substitution therefor of the following section—
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“17.—(1) Subject to subsections (2) and (4) of this section, a person who is found on any licensed premises during any time in which the sale of intoxicatingd liquor on such premises is prohibited by this Act shall, unless he is either—
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(a) the holder of the licence or the owner of the premises, or
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(b) resident permanently or temporarily on the premises, or
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(c) a person to whom intoxicating liquor may lawfully be sold or supplied on the premises at that time, or
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(d) carrying out construction, decorative, repair, replacement or maintenance work in relation to the premises or any of the fittings or equipment thereon,
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(e) in the employment of the holder of the licence or of the owner of the premises and is on the premises in the ordinary course of such employment, or
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(f) an officer of customs and excise in the course of his duty as an officer,
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be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine of not less than one pound and not more than five pounds.
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(2) Where any business other than the sale of intoxicating liquor (in this subsection referred to as non-licensed business) is carried on in any licensed premises and the portion of the premises in which the non-licensed business is carried on is not structurally separated from the remainder of the premises, subsection (1) of this section shall not apply in relation to the premises during any time in which the premises are lawfully open for the carrying on of the non-licensed business.
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(3) Subject to subsection (4) of this section, a person who consumes intoxicating liquor on any licensed premises during any time in which the sale of intoxicating liquor on such premises is prohibited by this Act shall, unless he is a person as respects whom the relevant requirements of this Act for the lawful sale or supply of intoxicating liquor on those premises at that time are satisfied, be guilty of an offence under this subsection and shall be liable on summary conviction to a fine of not less than one pound and not more than five pounds.
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(4) A person shall not be convicted of an offence under both subsection (1) and subsection (3) of this section in respect of the same occasion.”
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