Confiscation of alcohol and licensing offences Flashcards

1
Q

Define being drunk

A

When the defendant has taken intoxicating liquor to an extent that affects his or hers steady self control

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2
Q

What is section 12 of the licensing act 1872

A

Being drunk and incapable in a public place

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3
Q

What is the definition of being drunk and incapable in a public place

A

Any person found drunk and incapable in any highway or other public place, whether a building or not, or on license premises Who appears to be incapable of taking care of themselves commits an offence (summary only)

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4
Q

What is section 91 of the criminal justice act 1967

A

Drunk and disorderly

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5
Q

Define drunk and disorderly

A

Any person who in any public place is guilty, while drunk, or disorderly behaviour shall be guilty of an offence

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6
Q

What are the three reasons for entering a licence premises whilst on duty

A

Investigate offences or check that the premises is complying with license conditions or Assist to eject a person

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7
Q

What is section 180 of the licensing act 2003

A

Gives a constable authorised person the right to enter and search any premises if they have reason to believe an offence has been, he is being or is about to be committed or simply to make sure the licensee is complying with the act

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8
Q

What is section 140 of the licensing act 2003

A

Responsible staff who knowingly allow disorderly conduct on license premises commit an offence

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9
Q

What is section 143 of the licensing act 2003

A

A drunk and disorderly person commits an offence if without reasonable excuse they failed to leave the relevant premises when requested to do so by a police officer or staff member

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10
Q

What is section 142 (1) of the licensing act 2003

A

Responsible staff who knowingly sale (or attempt to sell) alcohol to a person who is drunk on relevant premises commits an offence

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11
Q

What is section 142 (2) of the licensing act 2003

A

It is an offence for a person to obtain or attempt to obtain alcohol for a drunken person on relevant premises

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12
Q

What act gives a police constable the power to confiscate alcohol

A

Section 1 of the young persons act 1997

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13
Q

Define section 1 of the young persons act 1997

A

We are constable reasonably suspects that a person in the relevant place is in possession of alcohol and that either they are under 18 or it is intended to be consumed by a person under 18 or a person under 18 Who is or has recently been, with them has consumed alcohol in that or any other relevant place

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