Lecture 27 Alcohol Offences

Question 1

What is a relevant place?

Answer 1

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

Question 2

What is a public place?

Answer 2

Any place to which, at the
material time, the public, or any
section of the public has access,
on payment or otherwise, as of
right or by virtue of express or
implied permission.’

Question 3

WHAT IS SECTION 1: YOUNG PERSONS ACT 1997?

Answer 3

• Is where a constable/PCSO reasonably suspects that a person in a relevant place is in possession of intoxicating liquor and that either…
• They are under the age of 18,
OR
• They intend that any of the liquor should be consumed by a person under that age in a relevant place,
OR
• A person under that age who is or has recently been with him has recently consumed intoxicating liquor in that or any other relevant place.

Question 4

CONSTABLE & PCSO POWERS. WHAT I CAN DO?

Answer 4

South Yorkshire Police have a Force Policy, which requires a PC /PCSO to dispose of any intoxicating liquor then and there, even if it is sealed.
Require him/her to surrender anything in their possession to be intoxicating liquor or an unsealed container for such liquid.
A PC can dispose of anything surrendered
It is also a requirement for them to state their name and address under this offence.
A PC may arrest without warrant a person who fails to comply with a requirement imposed.

Question 5

WHAT IS Section 191 Licensing Act 2003? (Meaning of Alcohol)

Answer 5

Wine
Beer
Cider (including Perry) and any other fermented,
distilled or spirituous liquor

But does NOT include
Any liquor under 0.5% at time of sale
Perfumes
Angostura Bitters
Medicines

Question 6

WHAT IS SECTION 91 (1) CRIMINAL JUSTICE ACT 1967 (DRUNK AND DISORDERLY)?

Answer 6

• It is an offence for any person whilst drunk in a public place to be guilty of disorderly behaviour.
(Summary Offence)

Question 7

WHAT IS DRUNK AND INCAPABLE

SECTION 12 LICENCING ACT 1872?

Answer 7

• It is an offence for any person to be found drunk on a highway or other public place, whether a building or not, or on any licensed premises (Summary Offence)

If a person is so drunk that they cannot be roused, then they should be taken to a hospital instead of a police station.

Question 8

WHAT ARE THE SIGNS AND SYMPTOMS FOR MG11?

Answer 8

• Unsteady on feet
• Vomit
• Incoherent
• Breath smells of intoxicating liquor
• Eyes glazed/bloodshot
• Speech slurred

Question 9

WHAT IS SECTION 59-ANTI-SOCIAL CRIME & POLICING ACT 2014 (PUBLIC SPACE PROTECTION ORDER)?

Answer 9

• This act gives powers to local authorities to tackle activities which have a detrimental effect on the quality of life and locality.
• Imposes requirements within a designated area/Cannot be more than 3 years/ unless extended.
• For example- not to consume alcohol may be a requirement. If it is;
• A person must surrender the alcohol to an authorised person (PC/PCSO) if requested.
• An authorised person (PC/PCSO) may dispose of anything surrendered.

Question 10

WHAT ARE THE POLICE ROLES AND POWERS ON LICENCED PREMISES?

Answer 10

Police Responsibility – To supervise the conduct of licensed premises to ensure that intoxicating liquor is supplied and consumed in accordance with legislation

Power Of Entry 180 (1) Licencing Act 2003 – A Police officer may enter any licensed premises in order to prevent or detect licensing offences at any time during permitted hours or during 30 minutes after end of permitted hours or at any other time provided it is suspected with reasonable cause that a licensing offence is being or is about to be committee.

Section 180 (2) A constable exercising a power conferred by this section may, if necessary, use reasonable force.

Question 11

What is Licensee Responsibility – For the conduct of the licensed premises?

Answer 11

Licensee Power – If any person is drunk, violent, quarrelsome or disorderly the licensee may eject them from the premises
Police Constable– Must assist to eject a person if requested to do so by the licensee, his agent or servant. It is an offence for a licensee, his agent or servant to sell to any person in licensed premises any intoxicating liquor outside licensing hours.
It is an offence for a customer to consume or take from licensed premises any intoxicating liquor outside licensing hours
Exceptions:
➢During 20 minutes after end of permitted hours (drinking up time)
➢Residents may drink outside permitted hours
➢Residents may entertain genuine guests at their own expense
➢Friends of licensee at licensee expense
It is an offence for any person, or to allow an employee or person acting with his consent, to fail to admit any constable demanding entry to licensed premises.

Question 12

What is SECTION 146 (1) Licencing Act 2003?

Answer 12

Cannot sell alcohol anywhere to a person under 18yrs

Allowing consumption of alcohol by u18 on relevant premises…. Person who works in the licensed premises in a capacity, whether paid or unpaid, shall be guilty of an offence, if he knowingly allows a person under eighteen to consume intoxicating liquor in a relevant premise. SEC 150 (2) Licencing Act 2003

However, a person over 18 can purchase a glass of table wine, beer or cider for someone who is 16 or over, only if they are dining there. Section 150 (4) Licensing Act 2003