Legislation – Sentencing Act 2026

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Part 1Sentencing

New community order requirements and community requirements

16Drinking establishment entry prohibition requirement

(1)

The Sentencing Code is amended as follows.

(2)

In section 201 (community order requirements table), in the table, after the entry relating to the public event attendance prohibition requirement (inserted by section 15(2)), insert—

“drinking establishment entry prohibition requirement

Part 4C

section 207(C1)”.

(3)

In section 207 (availability of community order requirements), after subsection (B1) (inserted by section 15(3)) insert—

“C1Drinking establishment entry prohibition requirement

A drinking establishment entry prohibition requirement is not an available requirement if the offence was committed before the day on which section 16(3) of the Sentencing Act 2026 came into force.”

(4)

In section 287 (community requirements table), in the table, after the entry relating to the public event attendance prohibition requirement (inserted by section 15(4)), insert—

“drinking establishment entry prohibition requirement

Part 4C

section 291(C1)”.

(5)

In section 291 (availability of community requirements), after subsection (B1) (inserted by section 15(5)) insert—

“C1Drinking establishment entry prohibition requirement

A drinking establishment entry prohibition requirement is not an available requirement if the offence was committed before the day on which section 16(5) of the Sentencing Act 2026 came into force.”

(6)

In Schedule 9 (community orders and suspended sentence orders: requirements), after Part 4B (inserted by section 15(6)) insert—

“Part 4CDrinking establishment entry prohibition requirement

8C

(1)

In this Code “drinking establishment entry prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from entering a drinking establishment.

(2)

A drinking establishment entry prohibition requirement may prohibit the offender from entering a drinking establishment at any time in a particular period or at particular times in a particular period.

(3)

A drinking establishment entry prohibition requirement may prohibit the offender from entering—

(a)

a particular drinking establishment,

(b)

a drinking establishment of a particular kind, or

(c)

any drinking establishment.

(4)

Where the court makes a relevant order imposing a drinking establishment entry prohibition requirement, the following must be specified in the order—

(a)

the period for which the requirement has effect;

(b)

if the order prohibits the offender from entering a drinking establishment at particular times, those times;

(c)

if the order prohibits the offender from entering a particular drinking establishment, that drinking establishment;

(d)

if the order prohibits the offender from entering a drinking establishment of a particular kind, that kind of drinking establishment.

(5)

In this paragraph “drinking establishment” means—

(a)

any premises or part of premises used principally for the sale of alcohol to the public or a section of the public, for consumption on the premises or part of premises, where the sale is not made subject to a condition that a person reside at, or consume food on, the premises, or

(b)

any premises—

(i)

that are open to the public or a section of the public for the purposes of entertainment,

(ii)

that are, for those purposes, open for any continuous period of time beginning at any time on a day and not ending at or before midnight on that day, and

(iii)

on which the sale of alcohol to the public or a section of the public for consumption on the premises takes place.”