Confiscation of alcohol and licensing offences Flashcards
Define being drunk
When the defendant has taken intoxicating liquor to an extent that affects his or hers steady self control
What is section 12 of the licensing act 1872
Being drunk and incapable in a public place
What is the definition of being drunk and incapable in a public place
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)
What is section 91 of the criminal justice act 1967
Drunk and disorderly
Define drunk and disorderly
Any person who in any public place is guilty, while drunk, or disorderly behaviour shall be guilty of an offence
What are the three reasons for entering a licence premises whilst on duty
Investigate offences or check that the premises is complying with license conditions or Assist to eject a person
What is section 180 of the licensing act 2003
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
What is section 140 of the licensing act 2003
Responsible staff who knowingly allow disorderly conduct on license premises commit an offence
What is section 143 of the licensing act 2003
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
What is section 142 (1) of the licensing act 2003
Responsible staff who knowingly sale (or attempt to sell) alcohol to a person who is drunk on relevant premises commits an offence
What is section 142 (2) of the licensing act 2003
It is an offence for a person to obtain or attempt to obtain alcohol for a drunken person on relevant premises
What act gives a police constable the power to confiscate alcohol
Section 1 of the young persons act 1997
Define section 1 of the young persons act 1997
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