Alchol Related Crime

Question 1

What section and act gives the power to confiscate alcohol from under 18’s?

Answer 1

Section 1 Confiscation of Alcohol (Young Persons) Act 1997

Question 2

What is the definition of Section 1 Confiscation of Alcohol (Young Persons Act) 1997?

Answer 2

• RGTS
• person under 18
• in a relevant place
• in possession of alcohol

(Can take UNDER 16 home/ to place of safety)

Question 3

When exercising the power under Section 1 Confiscation of Alcohol (Young Persons) Act 1997 what must the person do?

Answer 3

Must surrender alcohol
Must state name and address

May arrest if they don’t comply

You must pour it away in front of them.

Question 4

Under Section 1 Confiscation of Alcohol (Young Persons) Act 1997 what is a relevant place?

Answer 4

• Public Place excluding licensed premises

- Any other place to which they have unlawfully gained access.

Question 5

What section and act is Drunk and Disorderly?

Answer 5

Section 91 (1) Criminal Justice Act 1967

Question 6

What is the definition of Section 91(1) Criminal Justice Act 1967?

Answer 6

• drunk in public place

- in a disorderly way

Question 7

What section and act is Drunk and Incapable?

Answer 7

Section 1 Licensing Act 1872

Question 8

What is the definition of Section 1 Licensing Act 1872?

Answer 8

• drunk
• highway
• public place
• licensed premises
• in an incapable state

Question 9

What section and act is Drunk in a Public Place?

Answer 9

Section 12 Licensing Act 1872

Question 10

What is the definition of Section 12 Licensing Act 1872?

Answer 10

• drunk
• public place
• licensed premises (inc behind bar).

Question 11

What are the signs of being drunk?

Answer 11

Smell of intoxicants

Unsteady on feet

Slurred Speech

Eyes Glazed

Puking

Question 12

What is S30 of the Policing and Crime Act 2009

Answer 12

• under 18
• possesses alcohol
• relevant place
• 3 or more occasions
• within 12 months
• arrest/ report on summons(?)

Question 13

If someone is consuming alcohol in a designated place what power can you use?

Answer 13

S12 Criminal Justice and Police Act 2001

• person/ is/ has/ intends
• consume alcohol
• in designated place
• not consume
• surrender alcohol
• FAILURE TO COMPLY - PND

Question 14

If a licensed premises asks you to help expel someone who is drunk and disorderly what must you do, and what is you power to do so?

Answer 14

Must help them to expel that person.

S143 Licensing Act 2003

• drunk and disorderly
• fails to leave when requested by police
• enters/ tries to enter when told not to by police