24. Alcohol Offences

Question 1

What is Section 1 Young Persons Act 1997?

Answer 1

Where a constable/ PCSO reasonably suspects that a person in a relevant place is in possession of intoxicating liquor and that either:
- They are under the age of 18
OR
- They intend that any of the liquor should be consumed by a person under that age in a relevant place
OR
- A person under that age who is, or has recently been with him has recently consumed intoxicating liquor in that or any other relevant place.

Question 2

A constable may under the Young Persons Act 1997:

Answer 2

• require him/ her to surrender anything in their possession to be intoxicating liquor or an unsealed container for such liquid
• a PC can dispose of anything surrender
• it is also a requirement for them to state their name and address under this offence
• A PC may arrest without warrant a person who fails to comply with a requirement imposed

Question 3

What is a relevant place under Young Persons Act 1997?

Answer 3

Any public place, other than a licensed premises.

Any place, other than a public place, to which the person has Unlawfully gained access.

Question 4

What is the definition of drunk?

Answer 4

Having consumed intoxicating liquor to the extent that they have lost the power of self control and are incapable of taking care of themselves.

Question 5

Signs and systems of someone who is drunk?

Answer 5

Unsteady on Feet
Vomit
Incoherent 
Breath smells of intoxicating liquor 
Eyes glazed/ bloodshot
Speech slurred

Question 6

Drunk and Disorderly

Section 9(1) Criminal Justice Act 1967

Answer 6

It is an offence for any person whilst drunk in a public place to be guilty of Disorderly behaviour

Question 7

What does Disorderly mean?

Answer 7

Noisy, aggressive, violent or quarrelsome, based on words and conduct

Question 8

What is drunk and incapable?

Section 12 Licensing Act 1872

Answer 8

It is an offence for any person to be found drunk on a highway or other public place, whether a building or not, or on any licensed premises.

Question 9

What is S146(1) Licensing Act 2003?

Answer 9

Sell alcohol anywhere to persons under 18.

• PND ticket not suitable for licensees
• Could be used for bar staff

Question 10

What is S150(2) Licensing Act 2003?

Answer 10

Allowing consumption of alcohol by u18 on relevant premises

• person who works in the licensed premises in a capacity, whether paid or unpaid, shall be guilty of an offence, if he knowingly allows a person under 18 to consumer intoxicating liquor in a relevant place.
• however a person over 18 can purchase a glass of table wine, beer or cider for someone who is 16 or over, only if they are dining there. (S150(4) Licensing Act 2003)