Confiscation Of Alcohol & Licensing Offences

Question 1

Define being drunk and incapable in a public place

Answer 1

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 commits an offence

Question 2

What is section 91 of the criminal justice Act 1967?

Answer 2

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

Question 3

What is section 140 licensing act 2003?

Answer 3

Responsible staff who knowingly allow disorderly conduct on licensed premises commits an offence

Question 4

What is section 143 licensing act 2003?

Answer 4

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

Question 5

What is section 142 (1) licensing act 2003?

Answer 5

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

Question 6

What is section 142(2) licensing act 2003?

Answer 6

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

Question 7

What is confiscation of alcohol (young persons) act 1997?

Answer 7

Where a constable reasonably suspects that a person in a 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

Question 8

What is a relevant place?

Answer 8

Any public place other than license premises

Any place other than a public place, to which the person has unlawfully gained access

Question 9

What is section 63 anti-social behaviour, crime and policing act 2014
Alcohol consumption in breach of public spaces protection order (PSPO)?

Answer 9

Constable or authorised person reasonably believe that a person is or has been consuming alcohol in breach of a prohibition in a public spaces protection order or intends to consume alcohol in circumstances in which doing so would be a breach of such a prohibition

Question 10

Explain confiscation of tobacco

Answer 10

It shall be the duty of a constable in uniform to seize any tobacco or cigarette papers in the possession of any person apparently under the age of sixteen years whom he/she finds smoking in any public place and seize any tobacco or cigarettes papers which can be disposed of in such a manner as you see fit

Question 11

5 stages of being drunk

Answer 11

1. Mastermind
2. Looking good
3. Rich
4. Bullet proof
5. Invisible

Question 12

Section 180 licensing act 2003

Power of entry

Answer 12

Any constable has a power of entry to entry to any place if there is a reason to believe that an offence under the licensing act 2003 is being committed or is about to be committed

Question 13

Section 7(3) children and young persons act 1933
Power to seize and dispose of tobacco and cigarette papers

Answer 13

It shall be the duty of a constable and of a park keeper being in uniform to seize any tobacco or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place
And seize any tobacco or cigarette papers which can be disposed of in such a manner as you see fit

Question 14

Section 7 children and young persons act 1933

Sale of tobacco to under 18s

Answer 14

Any person who sells to a person under the age of eighteen years any tobacco or cigarette papers whether for his own use or not commits an offence