Confiscation Of Alcohol (& Licensing)

Question 1

Alcohol is a contributing factor to what percentage of all crime?

Answer 1

50%

Question 2

Alcohol is a contributing factor to what percentage of all offences involving public disorder?

Answer 2

90%

Question 3

Alcohol is a contributing factor prior to what percentage of Domestic Violence Incidents!

Answer 3

75%

Question 4

Of ALL arrests, what percentage of people test positive for alcohol?

Answer 4

20%

“1 in 5 of all arrests”

Question 5

Can an officer provide “Expert Witness Evidence” regarding drunkenness to a court?

Answer 5

Yes.

Question 6

Define “Public Dunkenness”

Answer 6

When the defendant has taken intoxicating liquor to an extent that effects their steady self-control.

Question 7

Define an offence of “Drunk in a Public Place” of the Licensing Act 1872

Answer 7

Any person found drunk and incapable in a highway or other public place, whether a building or not, or on licensed premises who appears to be incapable of taking care of themselves.

Question 8

Is “Drunk in a Public Place” a Summary, Either Way or Indictable Offence?

Answer 8

Summary Only

Question 9

What are the maximum penalties for being “Drunk in a Public Place” ?

Answer 9

• Maximum Fine of £200

* Fixed Penalty Notice for ‘Disorder’

Question 10

Define “Drunk & Disorderly” as done so in Section 91 of the Criminal Justice Act (1967)

Answer 10

Any person who, in any public place, is guilty, while drunk, of disorderly behaviour shall be guilty of an offence.

Question 11

Can you use 3 other words to explain what is meant by “Disorderly” ?

Answer 11

Unruly, riotous, turbulent behaviour, boisterous, rowdy, troublesome, disruptive, disobedient.

Question 12

What are the 3 main reasons for an officer ‘entering a licensed premises’ ?

Answer 12

1. To investigate offences.
2. To ensure the premises are complying with licensing conditions.
3. To assist in ejecting a person.

Question 13

Does the Licensing Act (2003) provide a power of entry for a constable?

Answer 13

Yes.

Under Section 180

Question 14

What does Section 180 of the Licensing Act (2003) state regarding ‘Power of Entry’ ?

Answer 14

A constable, or authorised person has the right to enter and search any premises if they have reason to believe;
An offence has been, is being, or is about to be committed,
Or, to ensure the licensee is adhering to the act.

Question 15

Can officers use force to gain entry to a licensed premises under section 180 of the Licensing Act 2003?

Answer 15

Yes. “Reasonable force” can be used.

Question 16

What section of the Licensing Act 2003 refers to staff serving alcohol to “a person who is drunk on the premises” ?

Answer 16

Section 142 (1)

“Responsible staff who knowingly sell (or attempt to sell) alcohol to a person who is drunk on relevant premises commits an offence”

Question 17

What does section 142 (2) of the Licensing Act 2003 state regarding “a drunken person ‘obtaining alcohol’ on relevant premises” ?

Answer 17

“It is an offence for a person to obtain or attempt to obtain alcohol for a drunken person on relevant premises.”

Question 18

If a staff member asks a drunk and disorderly person to leave the premises, and they fail to do so, are there any offences?

Answer 18

Yes. Section 143 Licensing Act 2003 states;
“A drunk and disorderly person commits an offence, if without reasonable excuse, they fail to leave the relevant premises when requested to do so by a police officer or staff member.”

Question 19

Responsible staff, knowingly allowing disorderly conduct on licensed premises commit an offence under what legislation/section?

Answer 19

Licensing Act 2003 (Sec. 140)

Question 20

The Police & Crime Act 2009 states;
“It is an offence for a person under 18yrs to be in possession of alcohol, without reasonable excuse, in any relevant place on - how many occasions?

Answer 20

3 or more.

Question 21

“It is an offence for a person under 18yrs to be in possession of alcohol, without reasonable excuse, in any relevant place on 3 or more occasions” is within which legislation?
(Act, Year & Section if possible?)

Answer 21

Police & Crime Act (2009)

Section 30

Question 22

The Confiscation of Alcohol Act 1997 is also known as the…..?

Answer 22

Young Persons Act

Question 23

The Confiscation of Alcohol (Young Persons) Act 1997 was introduced to address what specific issues?

Answer 23

• Public Nuisance
• Protect Children
• Increasing U18’s drinking alcohol on ‘the streets’

Question 24

Section 1 of The Confiscation of Alcohol (Young Persons) Act 1997 allows Police Officers & PCSO’s to confiscate alcohol from Under 18’s - but who else?

Answer 24

An adult that has, or intends to supply persons under 18yrs.

Question 25

Section 1 of The Confiscation of Alcohol (Young Persons) Act 1997 states; “Where a constable…..

Answer 25

…reasonably suspects that a person in a relevant place is in possession of alcohol and that either; i. They are under 18 or, ii. It is intended to be consumed by a person under 18 or, iii. A person who is, or has recently been, with them has consumed alcohol in that, or any other relevant place.

Question 26

Under section 1 The Confiscation of Alcohol (Young Persons) Act 1997 when - specifically - is the offence committed?

Answer 26

* If they fail to surrender the alcoholic drink, or… | * Provide their name and address when required to do so.

Question 27

Are there any powers to search within The Confiscation of Alcohol (Young Persons) Act 1997?

Answer 27

No. (Even asking ‘what is in your pockets/bag? Would constitute a ‘search’ in the eyes of the law - * only seize what you can see * )

Question 28

You should only seize…

Answer 28

…what you can see!

Question 29

Who applies Public Space Protection Orders (PSPO)?

Answer 29

The Local Authority (Council), having consulted with the PCC & Police

Question 30

Other than Police Officers, name 2 other role’s that can enforce PSPO’s?

Answer 30

* PCSO’s | * Council Staff in uniform.

Question 31

What does PSPO stand for?

Answer 31

Public Space Protection Order

Question 32

Name 2 reasons why a Council may apply a PSPO?

Answer 32

• Where the behaviour is likely to have a detrimental effect on the quality of life of those in the locality. * The behaviour is persistent or, * Continuing in nature and is, * Unreasonable

Question 33

Where an officer or authorised person reasonably believes that a person is, or has been, consuming alcohol in breach of a PSPO - or, that they intend to do so. What actions can they take?

Answer 33

1. Require (not request!) that the person must cease drinking alcohol. 2. Confiscate. 3. Dispose of the alcohol (& it’s container).