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Police Training > Confiscation Of Alcohol (& Licensing) > Flashcards

Confiscation Of Alcohol (& Licensing) Flashcards

1
Q

Alcohol is a contributing factor to what percentage of all crime?

A

50%

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2
Q

Alcohol is a contributing factor to what percentage of all offences involving public disorder?

A

90%

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3
Q

Alcohol is a contributing factor prior to what percentage of Domestic Violence Incidents!

A

75%

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4
Q

Of ALL arrests, what percentage of people test positive for alcohol?

A

20%

“1 in 5 of all arrests”

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5
Q

Can an officer provide “Expert Witness Evidence” regarding drunkenness to a court?

A

Yes.

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6
Q

Define “Public Dunkenness”

A

When the defendant has taken intoxicating liquor to an extent that effects their steady self-control.

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7
Q

Define an offence of “Drunk in a Public Place” of the Licensing Act 1872

A

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.

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8
Q

Is “Drunk in a Public Place” a Summary, Either Way or Indictable Offence?

A

Summary Only

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9
Q

What are the maximum penalties for being “Drunk in a Public Place” ?

A
  • Maximum Fine of £200

* Fixed Penalty Notice for ‘Disorder’

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10
Q

Define “Drunk & Disorderly” as done so in Section 91 of the Criminal Justice Act (1967)

A

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

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11
Q

Can you use 3 other words to explain what is meant by “Disorderly” ?

A

Unruly, riotous, turbulent behaviour, boisterous, rowdy, troublesome, disruptive, disobedient.

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12
Q

What are the 3 main reasons for an officer ‘entering a licensed premises’ ?

A
  1. To investigate offences.
  2. To ensure the premises are complying with licensing conditions.
  3. To assist in ejecting a person.
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13
Q

Does the Licensing Act (2003) provide a power of entry for a constable?

A

Yes.

Under Section 180

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14
Q

What does Section 180 of the Licensing Act (2003) state regarding ‘Power of Entry’ ?

A

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.

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15
Q

Can officers use force to gain entry to a licensed premises under section 180 of the Licensing Act 2003?

A

Yes. “Reasonable force” can be used.

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16
Q

What section of the Licensing Act 2003 refers to staff serving alcohol to “a person who is drunk on the premises” ?

A

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”

17
Q

What does section 142 (2) of the Licensing Act 2003 state regarding “a drunken person ‘obtaining alcohol’ on relevant premises” ?

A

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

18
Q

If a staff member asks a drunk and disorderly person to leave the premises, and they fail to do so, are there any offences?

A

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.”

19
Q

Responsible staff, knowingly allowing disorderly conduct on licensed premises commit an offence under what legislation/section?

A

Licensing Act 2003 (Sec. 140)

20
Q

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?

A

3 or more.

21
Q

“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?)

A

Police & Crime Act (2009)

Section 30

22
Q

The Confiscation of Alcohol Act 1997 is also known as the…..?

A

Young Persons Act

23
Q

The Confiscation of Alcohol (Young Persons) Act 1997 was introduced to address what specific issues?

A
  • Public Nuisance
  • Protect Children
  • Increasing U18’s drinking alcohol on ‘the streets’
24
Q

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?

A

An adult that has, or intends to supply persons under 18yrs.

25
Q

Section 1 of The Confiscation of Alcohol (Young Persons) Act 1997 states;
“Where a constable…..

A

…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.

26
Q

Under section 1 The Confiscation of Alcohol (Young Persons) Act 1997 when - specifically - is the offence committed?

A
  • If they fail to surrender the alcoholic drink, or…

* Provide their name and address when required to do so.

27
Q

Are there any powers to search within The Confiscation of Alcohol (Young Persons) Act 1997?

A

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 * )

28
Q

You should only seize…

A

…what you can see!

29
Q

Who applies Public Space Protection Orders (PSPO)?

A

The Local Authority (Council), having consulted with the PCC & Police

30
Q

Other than Police Officers, name 2 other role’s that can enforce PSPO’s?

A
  • PCSO’s

* Council Staff in uniform.

31
Q

What does PSPO stand for?

A

Public Space Protection Order

32
Q

Name 2 reasons why a Council may apply a PSPO?

A

• 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
33
Q

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?

A
  1. Require (not request!) that the person must cease drinking alcohol.
  2. Confiscate.
  3. Dispose of the alcohol (& it’s container).

Police Training (22 decks)

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