Liquor Offences in Public Places

Question 1

When has a minor committed an offence in a public place?
SOA S38(3)(a)&(b)

Answer 1

A minor

Drinks - OR -
has in possession for the consumption of

Alcohol

In a public place

While not accompanied by parent or legal guardian

Question 2

When has an offence been committed on public transport?
SOA S38(1)

Answer 2

Any person

Drinks
Supplies
Offers to supply
Has possession for consumption therein

Alcohol

On any public transport

Question 3

What is the procedure for dealing with an offence under SOA S38?

Answer 3

Identify the offence being committed

Request name and address

If supplied warn, AION or summons, seize alcohol.

If not supplied warn liable to be arrested.

If refused, arrest and seize alcohol.

Question 4

Outline the powers of seizure of alcohol:

Answer 4

Power to seize the ALCOHOL AND ITS CONTAINER.

Power from SOA S45.

Question 5

What are the exceptions when a minor may have alcohol in their possession of consume alcohol in a public place?

Answer 5

A minor may consume or have in their possession for consumption when accompanied by a parent or legal guardian.