By Jacqueline Carpenter From RCIPS

In light of recent incidents surrounding bars and night clubs in the early morning hours and around closing time, the RCIPS would like to remind the public of restrictions against the carrying of weapons at night, as described in the Penal Code (2013 Revision). Specifically, Section 81 of the Penal Code reads as follows:

81. (1) Subject to subsection (2), a person who without any lawful excuse (the proof of which excuse shall be on such person) (emphasis added) has or carries any restricted weapon, not being a prohibited weapon, by night –

(a) in a cinema, theatre or other place of public assembly;

(b) in a club, restaurant, recreation hall or bar;

(c) in a place of public entertainment of any kind or a place of general resort, admission to which is obtained by payment or to which the public have access;

(d) in or upon the car park, parking lot or precincts of a place referred to in paragraph (a), (b) or (c); or

(e) in or on a vehicle that is in or upon the car park, parking lot or precincts of a place referred to in paragraph (a), (b) or (c), commits an offence and is liable to a fine of five thousand dollars and to imprisonment for four years (emphasis added).

(2) If the restricted weapon is a machete or knife, no person shall be deemed to have committed an offence against this section if he shall prove that he had or was carrying such machete or knife for some lawful purpose for which such machete or knife was necessary.

Private security personnel at bars and nightclubs in particular should be aware of the above section of the Penal Code, and notify the police when patrons enter such establishment armed with any kind of weapon. (Police can determine whether an exemption exists for a person carrying a machete or knife under Subsection 2.) In one instance last weekend already noted in a prior release, we learned of a bar at which security personnel removed ten knives from patrons who entered the establishment, and then returned these knives to patrons when they left.

“We do not intend to criticize security personnel, who might not be aware of the law,” said Inspector Lloyd Marriott, Acting Area Commander for George Town, “but we would also like to remind bar and nightclub owners that they have a positive duty under Section 26 of the Liquor License Law to notify police of drunk and disorderly persons and ask such people to leave the premises, without necessarily providing a reason.”

With respect to gatherings that often occur in car parks around closing time at liquor licensed establishments, Inspector Marriott added, “Additionally, Section 68 of the Penal Code describes certain assemblies that can be unlawful, and we will be enforcing this as well in an effort to reduce the kinds of disturbances we have seen as of late.

We all have a responsibility to ensure public safety, not just the police. Law-abiding people have a right to enjoy themselves safely.”

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