Drunkness and Alcohol Offences

Question 1

Define the offence of being drunk and incapable

Answer 1

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

Question 2

What section and act is being drunk and incapable

Answer 2

Section 12 licensing act

Question 3

Where to take someone if they are incapable

Answer 3

Hospital

Question 4

Define the offence being drunk and disorderly

Answer 4

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

Question 5

What section and act is being drunk and disorderly

Answer 5

Section 91(1) criminal justice act

Question 6

Define the offence for being drunk in charge of a child

Answer 6

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

Question 7

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

Answer 7

Section 2 licensing act

Question 8

When only should police confiscate alcohol from under 18’s

Answer 8

When it is causing a problem

Question 9

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

Answer 9

Section 1 young persons act

Question 10

Where does the under 18 have to be for confiscation

Answer 10

• Public place
• Any place they have unlawfully gained access to

Question 11

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

Answer 11

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

Question 12

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

Answer 12

They have committed an offence which they can be arrested for

Question 13

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

Answer 13

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

Question 14

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

Answer 14

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

Question 15

Define the offence obtaining alcohol for a person who is drunk

Answer 15

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

Question 16

Define the offence sale of alcohol to a child

Answer 16

Selling alcohol to any individual anyway to an individual under 18

Question 17

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

Answer 17

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

Question 18

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

Answer 18

• 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

Question 19

Offence for drinking under age

Answer 19

Consumption of alcohol by children

Question 20

Define offence of sending child to obtain alcohol

Answer 20

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

Question 21

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

Answer 21

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