Confiscation Of Alcohol (& Licensing) Flashcards
Alcohol is a contributing factor to what percentage of all crime?
50%
Alcohol is a contributing factor to what percentage of all offences involving public disorder?
90%
Alcohol is a contributing factor prior to what percentage of Domestic Violence Incidents!
75%
Of ALL arrests, what percentage of people test positive for alcohol?
20%
“1 in 5 of all arrests”
Can an officer provide “Expert Witness Evidence” regarding drunkenness to a court?
Yes.
Define “Public Dunkenness”
When the defendant has taken intoxicating liquor to an extent that effects their steady self-control.
Define an offence of “Drunk in a Public Place” of the Licensing Act 1872
Any person found drunk and incapable in a highway or other public place, whether a building or not, or on licensed premises who appears to be incapable of taking care of themselves.
Is “Drunk in a Public Place” a Summary, Either Way or Indictable Offence?
Summary Only
What are the maximum penalties for being “Drunk in a Public Place” ?
- Maximum Fine of £200
* Fixed Penalty Notice for ‘Disorder’
Define “Drunk & Disorderly” as done so in Section 91 of the Criminal Justice Act (1967)
Any person who, in any public place, is guilty, while drunk, of disorderly behaviour shall be guilty of an offence.
Can you use 3 other words to explain what is meant by “Disorderly” ?
Unruly, riotous, turbulent behaviour, boisterous, rowdy, troublesome, disruptive, disobedient.
What are the 3 main reasons for an officer ‘entering a licensed premises’ ?
- To investigate offences.
- To ensure the premises are complying with licensing conditions.
- To assist in ejecting a person.
Does the Licensing Act (2003) provide a power of entry for a constable?
Yes.
Under Section 180
What does Section 180 of the Licensing Act (2003) state regarding ‘Power of Entry’ ?
A constable, or authorised person has the right to enter and search any premises if they have reason to believe;
An offence has been, is being, or is about to be committed,
Or, to ensure the licensee is adhering to the act.
Can officers use force to gain entry to a licensed premises under section 180 of the Licensing Act 2003?
Yes. “Reasonable force” can be used.
What section of the Licensing Act 2003 refers to staff serving alcohol to “a person who is drunk on the premises” ?
Section 142 (1)
“Responsible staff who knowingly sell (or attempt to sell) alcohol to a person who is drunk on relevant premises commits an offence”
What does section 142 (2) of the Licensing Act 2003 state regarding “a drunken person ‘obtaining alcohol’ on relevant premises” ?
“It is an offence for a person to obtain or attempt to obtain alcohol for a drunken person on relevant premises.”
If a staff member asks a drunk and disorderly person to leave the premises, and they fail to do so, are there any offences?
Yes. Section 143 Licensing Act 2003 states;
“A drunk and disorderly person commits an offence, if without reasonable excuse, they fail to leave the relevant premises when requested to do so by a police officer or staff member.”
Responsible staff, knowingly allowing disorderly conduct on licensed premises commit an offence under what legislation/section?
Licensing Act 2003 (Sec. 140)
The Police & Crime Act 2009 states;
“It is an offence for a person under 18yrs to be in possession of alcohol, without reasonable excuse, in any relevant place on - how many occasions?
3 or more.
“It is an offence for a person under 18yrs to be in possession of alcohol, without reasonable excuse, in any relevant place on 3 or more occasions” is within which legislation?
(Act, Year & Section if possible?)
Police & Crime Act (2009)
Section 30
The Confiscation of Alcohol Act 1997 is also known as the…..?
Young Persons Act
The Confiscation of Alcohol (Young Persons) Act 1997 was introduced to address what specific issues?
- Public Nuisance
- Protect Children
- Increasing U18’s drinking alcohol on ‘the streets’
Section 1 of The Confiscation of Alcohol (Young Persons) Act 1997 allows Police Officers & PCSO’s to confiscate alcohol from Under 18’s - but who else?
An adult that has, or intends to supply persons under 18yrs.
Section 1 of The Confiscation of Alcohol (Young Persons) Act 1997 states;
“Where a constable…..
…reasonably suspects that a person in a relevant place is in possession of alcohol and that either;
i. They are under 18 or,
ii. It is intended to be consumed by a person under 18 or,
iii. A person who is, or has recently been, with them has consumed alcohol in that, or any other relevant place.
Under section 1 The Confiscation of Alcohol (Young Persons) Act 1997 when - specifically - is the offence committed?
- If they fail to surrender the alcoholic drink, or…
* Provide their name and address when required to do so.
Are there any powers to search within The Confiscation of Alcohol (Young Persons) Act 1997?
No.
(Even asking ‘what is in your pockets/bag? Would constitute a ‘search’ in the eyes of the law - * only seize what you can see * )
You should only seize…
…what you can see!
Who applies Public Space Protection Orders (PSPO)?
The Local Authority (Council), having consulted with the PCC & Police
Other than Police Officers, name 2 other role’s that can enforce PSPO’s?
- PCSO’s
* Council Staff in uniform.
What does PSPO stand for?
Public Space Protection Order
Name 2 reasons why a Council may apply a PSPO?
• Where the behaviour is likely to have a detrimental effect on the quality of life of those in the locality.
- The behaviour is persistent or,
- Continuing in nature and is,
- Unreasonable
Where an officer or authorised person reasonably believes that a person is, or has been, consuming alcohol in breach of a PSPO - or, that they intend to do so.
What actions can they take?
- Require (not request!) that the person must cease drinking alcohol.
- Confiscate.
- Dispose of the alcohol (& it’s container).
