drunkness and alcohol offences Flashcards
Define the offence of being drunk and incapable
Its an offence for a person to be found drunk on a highway, public place or licensed premises
What section and act is being drunk and incapable
Section 12 licensing act
Where to take someone if they are incapable
Hospital
Define the offence being drunk and disorderly
Offence for a person to be guilty of disorderly behaviour in any public place
What section and act is being drunk and disorderly
Section 91(1) criminal justice act
Define the offence for being drunk in charge of a child
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
What section and act is being drunk in charge of a child
Section 2 licensing act
When only should police confiscate alcohol from under 18’s
When it is causing a problem
What section and act allows police officers to confiscate alcohol from an under 18
Section 1 young persons act
Where does the under 18 have to be for confiscation
- Public place
- Any place they have unlawfully gained access to
What can a constable do to an under 18 if they believe they have been drinking
Require them to surrender anything the constable believes to be alcohol and require them to state their name and address
What if the under 18 doesn’t surrender alcohol or name and address
They have committed an offence which they can be arrested for
What is the offence in section 30 of the policing and crime act
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
Define the offence sale of alcohol to a person who is drunk
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
Define the offence obtaining alcohol for a person who is drunk
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
Define the offence sale of alcohol to a child
Selling alcohol to any individual anyway to an individual under 18
Define the offence purchase of alcohol by or on behalf of children
A person commits an offence if he buys or attempts to buy alcohol on behalf of an individual under 18
Exception to the offence purchase of alcohol by or on behalf of children
- 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
Offence for drinking under age
Consumption of alcohol by children
Define offence of sending child to obtain alcohol
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
When can a constable force entry to a licensed premises and search it
He has reason to believe that an offence under the licensing act has been or is about to be committed
