Drunkness and Alcohol Offences Flashcards

1
Q

Define the offence of being drunk and incapable

A

Its an offence for a person to be found drunk on a highway, public place or licensed premises

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2
Q

What section and act is being drunk and incapable

A

Section 12 licensing act

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3
Q

Where to take someone if they are incapable

A

Hospital

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4
Q

Define the offence being drunk and disorderly

A

Offence for a person to be guilty of disorderly behaviour in any public place

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5
Q

What section and act is being drunk and disorderly

A

Section 91(1) criminal justice act

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6
Q

Define the offence for being drunk in charge of a child

A

An offence for a person to be drunk while ‘having charge’ of a child under the age of 7 years In any highway, public place or licensed premises

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7
Q

What section and act is being drunk in charge of a child

A

Section 2 licensing act

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8
Q

When only should police confiscate alcohol from under 18’s

A

When it is causing a problem

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9
Q

What section and act allows police officers to confiscate alcohol from an under 18

A

Section 1 young persons act

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10
Q

Where does the under 18 have to be for confiscation

A
  • Public place
  • Any place they have unlawfully gained access to
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11
Q

What can a constable do to an under 18 if they believe they have been drinking

A

Require them to surrender anything the constable believes to be alcohol and require them to state their name and address

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12
Q

What if the under 18 doesn’t surrender alcohol or name and address

A

They have committed an offence which they can be arrested for

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13
Q

What is the offence in section 30 of the policing and crime act

A

Its an offence for a person under 18 to be in possession of alcohol without reasonable excuse in any relevant place on 3 or more occasions within 12 consecutive months

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14
Q

Define the offence sale of alcohol to a person who is drunk

A

A person commits an offence if whilst on relevant premises knowingly sells or attempts to sell alcohol to a person who is drunk or allows alcohol to be sold to such person

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15
Q

Define the offence obtaining alcohol for a person who is drunk

A

A person commits an offence if whilst on relevant premises knowingly obtains or attempts to obtain alcohol for consumption on those premises by a person who is drunk

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16
Q

Define the offence sale of alcohol to a child

A

Selling alcohol to any individual anyway to an individual under 18

17
Q

Define the offence purchase of alcohol by or on behalf of children

A

A person commits an offence if he buys or attempts to buy alcohol on behalf of an individual under 18

18
Q

Exception to the offence purchase of alcohol by or on behalf of children

A
  • Person who purchases is over 18
  • Bought for is 16 or over
  • Alcohol is beer, wine or cider
  • Purchase is for a table meal on relevant premises
  • Person aged 16/17 is accompanied by an individual over 18
19
Q

Offence for drinking under age

A

Consumption of alcohol by children

20
Q

Define offence of sending child to obtain alcohol

A

A person commits an offence if he knowingly sends an individual under 18 years to obtain alcohol sold on relevant premises to be consumed off the premises

21
Q

When can a constable force entry to a licensed premises and search it

A

He has reason to believe that an offence under the licensing act has been or is about to be committed