Alcohol Offences in a Public Place

Question 1

What Act and Section deal with alcohol offences that pertain to public places?

Answer 1

Summary Offences Act 1981

Section 38

Question 2

What are the three offences associated with Section 38?

Answer 2

Section 38(3)(a) - Minors consuming alcohol in a public place

Section 38(3)(b) - Minors possessing alcohol for consumption in a public place

Section 38(1) - Possession of alcohol for consumption on public transport

Question 3

What is Section 38(3)(a) of the Summary Offences Act 1981?

Answer 3

Minors consuming alcohol in a public place

Minor
Drinks
Alcohol
In a public place
While not accompanied by his or her legal guardian

Question 4

What is Section 38(3)(b) of the Summary Offences Act 1981?

Answer 4

Minors possessing alcohol for consumption in a public place

Minor
Has in his or her possession for consumption
Alcohol
In a public place
While not accompanied by his or her legal guardian

Question 5

What is Section 38(1) of the Summary Offences Act 1981?

Answer 5

Possession of alcohol for consumption in public transport

Any person
Drinks
Supplies / offers to anyone
Has possession / control for consumption therein
Intoxicating liquor
In or on public transport

Question 6

What is the procedure to deal with an offence under section 38?

Answer 6

Identify which offence is being committed
Request name and address
If supplied warn, AION or summons, seize alcohol
If not supplied warn liable for arrest
If refused arrest and seize alcohol

Question 7

What is you power to seize the alcohol?

Answer 7

The power to seize alcohol and its container comes from the Summary Offences Act 1981 Section 45

Question 8

What is the definition of a minor?

Answer 8

A person under 18 years of age.

Question 9

When can a minor consume or have in their possession for consumption alcohol?

Answer 9

When accompanied by a parent or legal guardian