Alcohol-related Offences and Powers

Question 1

What is alcohol defined as?

Answer 1

It is defined in s 191(1) of the Licensing Act 2003 as spirits, wine, beer, cider or any other fermented, distilled or spiritous liquor.

Question 2

Drunkenness is an offence in what circumstances?

Answer 2

s 12 of the Licensing Act 1872

Every person found drunk in any highway or other public place, whether a building or not, or on any licensed premises.

Drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam engine.

or who is drunk when in possession of any loaded firearms.

Question 3

Define firearm

Answer 3

A firearm is a lethal barrelled weapon from which a shot, bullet, or other missile can be discharged (includes air weapons, but not imitation firearms).

Question 4

The Oxford English Dictionary defines drunk as…

Answer 4

‘Having drunk intoxicating liquor to an extent affects steady self-control’.

Question 5

Who decides whether or not a suspect was drunk?

Answer 5

The court itself must decide whether or not a suspect was drunk.

Generally, opinions of witnesses are admissible as evidence, but for drunkenness a ‘competent witness’ (ie understands questions, can respond coherently) may give evidence in his/her opinion a person was drunk.

The witness would need to provide facts to support the opinion, e.g person was unsteady, eyes glazed and slurred speech, breath smelt.

Question 6

Drunkenness as an offence penalty

Answer 6

Triable summarily and penalty is one months imprisonment and/ or a fine.

Question 7

What do the medical risks of excessive alcohol consumption include?

Answer 7

Hypoglycaemia

Hypothermia

Question 8

What legislation covers drunk and disorderly behaviour?

Answer 8

s 91(1) of the Criminal Justice Act 1967

It is a summary offence for any drunken person to display ‘disorderly behaviour’ in any highway, public place, or licensed premises.

The penalty is a fine, a penalty notice, or one months imprisonment.

Question 9

Drunk in charge of children legislation offence

Answer 9

Under s 2 of the Licensing Act 1902 it is an offence for a person to be drunk ‘while having charge of a child under the age of 7 years in any highway, public place, or licensed premises’.

The suspect must be the only person with the child, or alternatively everyone in a group with the child must be drunk.

This is a summary offence and the penalty is one month’s imprisonment or a fine.

Question 10

Controlled drinking zones

Under what legislation can a local authority designate an area as a ‘controlled drinking zone’ to help control anti-social behaviour?

Answer 10

Under s 235 of the Local Government Act 1972

Question 11

Controlled drinking zones

What is an offence under s 235 of the Local Government Act 1972?

Answer 11

It is an offence to fail to comply with a request to surrender alcohol or to cease drinking.

Note the Home Office advice that ‘it is not appropriate to challenge an individual consuming alcohol where that individual is not causing a problem’ (Home Office, 2009b).

Question 12

Penalties for offences of s 235 of the Local Government Act 1972?

Answer 12

Local policies will determine how to dispose of any confiscated alcohol. The offence of failing to comply is triable summarily and the penalty is a fine, often imposed through a penalty notice.

Question 13

A police officer (in or out of uniform) or a suitably designated PCSO may confiscate alcohol (or anything reasonably believed to be alcohol) form a young person in a ‘relevant place’ under what legislation?

Answer 13

s 1(1) of the Confiscation of Alcohol (Young Persons) Act 1997

Question 14

What does the legislation from s 1(1) of the Confiscation of Alcohol (Young Persons) Act 1997 allow a A police officer (in or out of uniform) or a suitably designated PCSO to do?

Answer 14

Confiscate alcohol (or anything reasonably believed to be alcohol) form a young person in a ‘relevant place’.

Question 15

Under s 1(1) of the Confiscation of Alcohol (Young Persons) Act 1997 what constitutes a ‘relevant place’?

Answer 15

Any public place, for example streets, parks, and shopping centres (but not on licensed premises such as pubs or clubs); and

A place to which the person has unlawfully gained access, such as gate-crashing a party at a private house.

Question 16

The Confiscation of Alcohol (Young Persons) Act 1997

Section 1 (1) of the Act states that where a constable reasonably suspects that a person in a relevant place is in possession (can be nearby) of alcohol and that either:

Answer 16

i) he is under 18 or
ii) he intends that any of the alcohol should be consumed by a person under the age of 18 in that or any other relevant place or
iii) a person under the age of 18 who is, or has recently been, with him has recently consumed alcohol in that or any other relevant place

Then that person may be required to surrender anything in [his/her] possession which is reasonably believed to be alcohol or a container for such liquor.

Failure to surrender and refused consent to search provides the officer with the power to detain.

Question 17

How to arrest a young person under Section 1 (1) of The Confiscation of Alcohol (Young Persons) Act 1997?

Answer 17

Officer must inform the person of his/her suspicion under s 1(1) (s 1(4) of the Confiscation of Alcohol (Young Persons) Act 1997.

The young person can also be required to state his/her name and address (s 1AA), and if suspected to be under 16 can be removed to his/her place of residence or a place of safety (s 1AB).

Failing to comply without reasonable excuse with a requirement under s 1(1) or (1AA) is an offence, and the young person must be informed of this.

Question 18

Offences of a young person under Section 1 (1) of The Confiscation of Alcohol (Young Persons) Act 1997 failing to comply?

Answer 18

Triable summarily and the penalty is a fine.

Question 19

It is an offence under what legislation for a person under 18 to be in possession of alcohol without reasonable excuse in any relevant place on three or more occasions within a year?

Answer 19

s 30 of the Police and Crime Act 2009.

Question 20

What does legislation s 30 of the Police and Crime Act 2009 state?

Answer 20

It is an offence for a person under 18 to be in possession of alcohol without reasonable excuse in any relevant place on three or more occasions within a year

Question 21

The Licensing Act 2003 includes legislation to address drunkenness in ‘relevant premises’.

Relevant premises in this context are what?

Answer 21

Premises where alcohol can be sold by retain (e.g a pub or a shop), club premises with a certification (e.g a working men’s club where alcohol is supplied by or on behalf of a club to members), but also any premises with ‘permitted temporary activity’ e.g a village hall hired out for a wedding reception.

Question 22

Staff managing or working in places where alcohol is served have a legal responsibility to…

Answer 22

Try to prevent drunkenness and disorder.

Question 23

Staff managing or working in places where alcohol is served have a legal responsibility to try to prevent drunkenness and disorder.

People with these responsibilities are listed in s 140(1) of the Licensing Act 2003, and are referred to here as responsible staff. They include:

Answer 23

The holder of a premises license

The designated supervisor of a licensed premises

Any person who works at the premises in a capacity which authorises him/her to prevent disorderly conduct.

Any member or officer of a club (with a club premises certificate) who has the capacity to prevent disorderly behaviour; and

the user of a premises with permitted temporary activity, at the permitted time.

Question 24

An offence is committed by responsible staff who knowingly allow disorderly conduct on licensed premises under what legislation and what is the penalty?

Answer 24

s 140(1) of the Licensing Act 2003

Penalty is a fine.

Question 25

What offence is committed under s 140(1) of the Licensing Act 2003?

Answer 25

Responsible staff knowingly allow disorderly conduct on licensed premises.

Question 26

A drunk and disorderly person commits a summary offence under s 143(1) of the Licensing Act 2003 if without reasonable excuse he/she:

Answer 26

Fails to leave relevant premises (when requested to do so by a police officer or a responsible staff member) or

Enters (or attempts to) relevant premises having been requested not to enter.

Question 27

A police officer must respond to requests from responsible staff to help expel or refuse entry to a drunken person under what legislation?

Can force be used?

Answer 27

s 143(4) of the Licensing Act 2003

Force can be used to encourage compliance.

Question 28

An offence is committed by responsible staff who knowingly sell (or attempt to) sell alcohol to a person who is drunk in relevant premises under what legislation?

Answer 28

s 141(1) of the Licensing Act 2003.

Question 29

What offence is committed under s 141(1) of the Licensing Act 2003?

Answer 29

An offence is committed by responsible staff who knowingly sell (or attempt to) sell alcohol to a person who is drunk in relevant premises.

Question 30

An offence is committed by anyone who obtains or attempts to obtain alcohol for a drunken person in relevant premises under what legislation?

Answer 30

s 142(1) of the Licensing Act 2003.

Question 31

What offence is committed under ss 142(1) of the Licensing Act 2003?

Answer 31

An offence is committed by anyone who obtains or attempts to obtain alcohol for a drunken person in relevant premises.

Question 32

What legislation provides power of entry to any place if there is reason to believe that an offence under the Licensing Act 2003 is being committed or about to be?

Answer 32

s 180(1) of the Licensing Act 2003.

Reasonable force can be used (s 180(2))

‘Any place’ is defined in s 193; it includes vehicles, vessels, or moveable structures, licensed or not.

Question 33

For premises (or any other place) with a club premises certificate, there is a similar power of entry (as s 180(1) of the Licensing Act 2003), if there is reasonable cause to believe that…

Answer 33

A breach of the peace may occur (s 97 (1)(b)); or

An offence, relating to supplying a controlled drug has been committed, or is about to be, or is being committed at the moment (s 97 (1)(a)).

Reasonable force may be exercised for this power (s 97(2)).

Question 34

For premises with permitted temporary activities, may a police officer enter?

Answer 34

Yes, at any reasonable time to assess the effect of the event in relation to prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm (s 108(1) of the Licensing Act 2003.

There is no specific offence of obstructing an officer under s 108 but an offence under Police Act 1996 could be considered (obstruction on the lawful execution of police duties).

Question 35

Alcohol cannot be legally sold to a person under the age of 18. It is an offence to:

Answer 35

Sell alcohol to a person under 18 in any place (s 146(1) of the Licensing Act 2003)- this is a penalty offence; or

Knowingly allow the sale of alcohol on relevant premises to an individual aged under 18 (s 147(1) of the Licensing Act 2003

Question 36

Alcohol cannot be legally sold to a person under the age of 18.

A further more serious offence is committed if…

Answer 36

On two or more occasions (within three consecutive months) alcohol is unlawfully sold on the same licensed premises to a young person under 18 (s 147A of the Licensing Act 2003).

These offences are triable summarily and the penalty is a fine.