L2.3 Flashcards
What does Section 111 of the Act prohibit?
Attempting to enter relevant premises whilst drunk and being drunk on premises while incapable of taking care of themselves
This section addresses the offenses related to drunkenness in public and private establishments.
What is defined as an offence under Section 112 of the Act?
Obtaining or attempting to obtain alcohol for consumption by a drunken person and helping a drunken person to obtain or consume alcohol
This section targets actions that enable drunken individuals to access alcohol.
What does Section 113 of the Act make illegal?
Selling alcohol to a drunken person
This applies to any responsible person on relevant premises.
Who is prohibited from being drunk on duty according to Section 114 of the Act?
The premises manager, staff, and any other individuals working on the premises during opening hours
This section ensures the responsible management of alcohol service.
Fill in the blank: Section 111 of the Act creates an offence for any person to attempt to enter any relevant premises whilst _______.
[drunk]
True or False: It is legal to sell alcohol to a drunken person on relevant premises.
False
Fill in the blank: Section 112 of the Act creates an offence for any person who obtains or attempts to obtain alcohol for _______ on the premises.
[consumption by a drunken person]
What does Section 115(1) of the Act prohibit?
It prohibits any person who, while on relevant premises, is drunk and behaves in a disorderly manner or uses obscene or indecent language to the annoyance of any person.
Who can be charged under Section 115(2) of the Act?
Any responsible person in relation to any relevant premises.
What must a premises licence holder prove to avoid accountability under Section 115?
They must prove they did not know the offence was being committed by the employee or agent and exercised all due diligence to prevent the offence.
What are the two defenses for a person charged with a contravention of Section 115(2)?
- The accused, or an employee or agent of the accused, took all reasonable precautions and exercised due diligence
- There were no lawful and reasonably practicable means by which the accused could have prevented the conduct which caused the offence.
What does Section 116(1) of the Act create an offence for?
For a person on any relevant premises who behaves in a disorderly manner and refuses or fails to leave when asked by a responsible person or a Constable.
What is the penalty for refusing to leave the premises after licensed hours according to Section 116(2)?
It creates an offence for any person to refuse or fail to leave the premises after the end of licensed hours when asked by a responsible person or a Constable.
What actions may an authorised person take if someone refuses to leave the premises?
- Remove the person from the premises
- Use reasonable force if necessary.
Fill in the blank: Section 115(1) addresses __________ behavior in relevant premises.
[disorderly]
True or False: A premises licence holder is not held accountable for offences committed by employees.
False
What must a Constable do if asked by an authorised person to assist in removing someone who has refused to leave?
The Constable must assist if they reasonably suspect that the person has refused or failed to leave.
What is an offence under Section 50 of the Civic Government (Scotland) Act 1982 regarding public drunkenness?
It is an offence for any person, in a ‘Public Place’ to be drunk and incapable of taking care of themselves.
What does Section 50 of the Civic Government (Scotland) Act 1982 state about being drunk in charge of a child?
It is an offence for any person, in a ‘Public Place’ to be drunk in charge of any child apparently under the age of 10 years.
What is the definition of ‘public place’ under the Civic Government (Scotland) Act 1982?
‘Public place’ means any place to which the public has unrestricted access.
What must be ensured if a person is found drunk in charge of a child?
Provision must be made for the welfare of the child.
What action can a Constable take when they find someone committing a Section 50 offence?
A Constable may consider arresting the person.
Under what condition can a Constable take a drunk person to a designated place for care?
When the Constable has reasonable grounds for suspecting that the person is drunk.
What is the procedure if a person aged 16 years or over commits an offence under Section 50?
The Constable may issue a Fixed Penalty Notice unless the person is under a supervision order.
Is the option for a Fixed Penalty Notice available for offences under Section 50 involving a firearm?
No, this option is not available if the person is in possession of a firearm.
What is one reason legislation grants power to arrest persons committing drunkenness offences?
It is often in the interests of safety of that person, or others.
What should be considered regarding a drunken person’s fitness to be held in police custody?
Whether the person is fit for normal discharge, which may involve taking them to a hospital.
What must be done if a person is fit to be held in a police cell?
They should be visited frequently to check on their welfare.
What is highlighted as important in the care plan for a drunken person in custody?
Informing the Custody Sergeant of all the relevant information.
What power do local councils have regarding alcohol consumption in public places?
Local councils can make by-laws prohibiting the consumption of alcohol in designated public places
Evidence of public disorder and nuisance must be presented to the Scottish Minister for confirmation of such by-law.
What must a Constable do if they believe a person aged 16 years or over has consumed alcohol in a public place?
The Constable may issue a Fixed Penalty Notice
This applies if the person is not subject to a supervision order.
What is included in the definition of ‘public place’?
Any place to which the public have access, including unlawfully accessed areas
Licensed premises are not included in this definition.
What does Section 1 of the Licensing (Scotland) Act 2005 regulate?
The sale of alcohol and the regulation of Licensed Premises
Alcohol must only be sold under a Premises Licence or an Occasional Licence.
What constitutes an offence under the Licensing (Scotland) Act 2005?
Selling alcohol without the appropriate licence or allowing such a sale
This includes both direct sales and knowingly permitting unauthorized sales.
What is the maximum penalty for selling unauthorised alcohol?
£20,000 fine or imprisonment for up to 6 months, or both
This applies unless the sale occurs at exempt premises or to the trade.
True or False: A Constable can require persons under the age of 18 to surrender alcohol in a public place.
True
This is outlined in Section 61 of the Crime and Punishment (Scotland) Act 1997.
Fill in the blank: Alcohol must only be sold on premises under a _______.
Premises Licence
Or an Occasional Licence applied for and granted under the Licensing (Scotland) Act 2005.
What is the primary goal of local councils imposing by-laws against drinking in public?
To reduce anti-social behaviour in public places
What are exempt premises according to the Act?
Exempt premises include:
* Examination stations at an airport
* An approved wharf at a port or hover port
* An aircraft, hovercraft, or railway vehicle while on a journey
* A vessel on an international journey or as part of a ferry service
* Premises occupied for the armed forces (except for other purposes)
Other parts of designated ports, hover ports, and airports are subject to normal licensing controls.
What types of licenses can be used for selling alcohol on moving vehicles?
Alcohol can be adequately licensed by either a:
* Premises Licence
* Occasional Licence
Licensing Boards can license ‘party vehicles’ such as stretched limousines.
What constitutes an offence regarding the sale of alcohol on moving vehicles?
It is an offence to knowingly sell alcohol on or from a vehicle when it is not parked unless expressly authorized by a premises or occasional licence
This is outlined in Section 118 of the Act.
What must a delivery driver ensure before dispatching alcohol?
The delivery driver must ensure that the following is recorded:
* Quantity of alcohol
* Description of alcohol
* Price of alcohol
* Name and address of the recipient
This is mandated by Section 119 of the Act.
What documents must a delivery driver carry while making a delivery of alcohol?
The driver must carry:
* An invoice
* A delivery book
Both must contain the same information recorded in the day book.
What is an offence related to delivery of alcohol from vehicles?
It is an offence to:
* Deliver alcohol to an address not entered in the delivery book
* Refuse to allow inspection of the vehicle, day book, or delivery book by a Constable or Licensing Standards Officer
These requirements do not apply to deliveries to traders for their trade.
What is prohibited under Section 120 of the Act regarding late-night deliveries of alcohol?
A responsible person commits an offence if they knowingly deliver alcohol to any premises (other than licensed premises) between midnight and 6am
This applies to alcohol sold for consumption off the premises.
True or False: Deliveries of alcohol to a trader for their trade are subject to the same recording requirements as other deliveries.
False
These requirements do not apply to deliveries of alcohol to a trader.
What does Section 94 of the Act provide regarding violent offences?
The court may make an order prohibiting the person from entering the licensed premises concerned or other licensed premises specified by the court.
When can a premises licence holder seek an exclusion order?
Not later than 6 weeks after the conviction of a violent offence.
What must the Sheriff be satisfied of to grant an exclusion order?
There is a substantial risk that the person will commit a further violent offence on, or in the immediate vicinity of the premises.
What is the minimum duration for which an exclusion order may be effective?
No less than 3 months.
What is the maximum duration for which an exclusion order may be effective?
No more than 2 years.
What actions can be taken if a person enters licensed premises in breach of an exclusion order?
An authorised person may remove the person from the premises, using reasonable force if necessary.
What must a Constable do if asked by an authorised person to assist in removing someone breaching an exclusion order?
The Constable must assist if they reasonably believe that the person entered the premises in breach of the exclusion order.
What is the penalty for breaching an exclusion order?
It is an offence punishable by imprisonment.
Fill in the blank: An ‘authorised person’ includes the premises licence holder, the premises manager, and any other person who works on the premises and is ______.
authorised by the premises licence holder or the premises manager to act in such a capacity.
What is a closure order?
An order requiring the licensed premises to be closed for a specified period.
Closure orders are enacted to ensure public safety in response to potential disorder.
Under what circumstances can a Licensing Board make a closure order?
On application by a Constable of or above the rank of Inspector if they are satisfied that closure is necessary for public safety due to disorder likelihood.
This is outlined in Section 97(1) of the Act.
What must a Constable of or above the rank of Inspector believe to enact an emergency closure order?
They must reasonably believe that disorder is imminent and closure is necessary for public safety.
This is specified in Section 97(2) of the Act.
How long can the specified period of closure last for an emergency closure order?
The period of closure must not exceed 24 hours.
This is in accordance with the regulations governing emergency closure orders.
Who must be notified of a closure order?
A responsible person must be notified, and in the case of a closure order made by the Licensing Board, the Board itself must also be notified.
This requirement is part of the procedure outlined for closure orders.
What must a Constable do if a closure order is no longer necessary?
Terminate the closure order and ensure notice is given to a responsible person and the Licensing Board if applicable.
This is mandated by Section 98 of the Act.
Who can apply to terminate a closure order?
The holder of the premises licence (or occasional licence) can apply to terminate the closure order.
This provides a mechanism for licensed premises to resume operations once safety is assured.
What does Section 99 of the Act allow regarding emergency closure orders?
It allows a Constable of or above the rank of Inspector to extend the original emergency closure order for a further period not exceeding 24 hours.
This extension is based on the continued assessment of public safety risk.
Fill in the blank: A closure order must be terminated if it is determined that it is no longer necessary in the interests of _______.
public safety.
This ensures that closure measures are not in place longer than needed.
True or False: A Constable can enact a closure order without application to the Licensing Board if immediate action is necessary.
True.
This is allowed in cases where immediate public safety risks are identified.
What should police officers do when possible regarding the closure of premises?
Give the licence holder, manager, or premises user an opportunity to close voluntarily until the following day.
When is a closure order typically necessary?
When police advice is disputed or rejected.
What should police officers clarify when advising voluntary closure?
They are not engaging in a negotiation.
What happens if the advice to close voluntarily is rejected?
A closure order will be utilized, resulting in a report to the Licensing Board.
Who has the authority to serve a closure order regardless of the licensee’s willingness to close?
The Constable of or above the rank of Inspector.
What is critical for police officers to observe during incidents on licensed premises?
All aspects of the operation at the time of attendance.
What should be reported to the Licensing Department?
Details of incidents, including issues such as drunkenness, presence of children, and uncooperativeness of the licensee.
Who can request a review of a Premises Licence according to Section 36 of the Act?
Any person, including the Chief Constable.
What is the purpose of incident reports on licensed premises?
To enable the Licensing department to identify problematic premises.
What is the significance of the Innkeeper form submitted?
It helps build a bigger picture for police to approach the council regarding issues.
What is prohibited under Section 4 of the Identity Documents Act 2010?
Possession of a false identity document with improper intention.
What constitutes ‘improper intention’ in the context of false identification?
To establish personal information, such as age, about the holder.
What are the potential penalties for a person guilty of an offence under Section 4?
Imprisonment for a term not exceeding 10 years, a fine, or both.
What constitutes an offence regarding possession of identity documents?
Possession of an identity document that is false, improperly obtained, or relates to someone else
This includes knowing or believing the document is false or improperly obtained.
What is considered ‘improper intention’ in the context of identity documents?
To establish personal information about the holder, such as their age
This is relevant when discussing the motivations behind possessing certain identity documents.
What is the maximum penalty for a person guilty of an offence under Section 4?
Imprisonment for a term not exceeding 10 years or a fine, or both
This applies to offences involving identity documents with improper intention.
What is the offence defined in Section 6 regarding identity documents?
Possession of a false identity document, improperly obtained document, or a document that relates to someone else without reasonable excuse
A conviction under this section can lead to serious penalties.
What is the maximum penalty for an offence under Section 6?
Imprisonment for a term not exceeding 2 years or a fine, or both
This reflects the seriousness of the offence compared to Section 4.
What details should be recorded when confiscating an identity document?
Time, date, location of seizure, name of staff, description of person, and any other relevant information
This is important for maintaining accurate records during enforcement.
Fill in the blank: It is an offence for a person without reasonable excuse to have in their possession or under control a _______.
false identity document
This is part of the regulations in Section 6.
