Licensing

Question 0

Drunk and disorderly

Answer 0

Section 91 (1) Criminal Justice Act 1967

“An offence for any person who whilst drunk in a public place to be guilty of disorderly behaviour”

Question 1

Definition of being found drunk ?

Answer 1

Section 12 Licensing Act 1872

“An offence for any person to be found drunk in a highway or other public place, whether a building or not, or on licensed premises”

Question 2

Right of entry to investigate licensable activities

Answer 2

Section 179 Licensing Act 2003

“Where a constable or an authorised person has reason to believe that any premises are being, or are about to be, used for a licensable activity, he may enter the premises with a view to seeing whether the activity is being, or is to be, carried on under and in accordance with an authorisation”

Question 3

Right of entry to investigate offences

Answer 3

Section 180 Licensing Act 2003

“A constable may enter and search any premises in respect of which he has reason to believe that an offence under this Act has been, is being or is about to be committed”

Question 4

Unauthorised Licensable Activities

Answer 4

Section 136 Licensing Act 2003

“Summary offence for a person to carry on or attempt to carry on a licensable activity without the authorisation provided by, as appropriate, a premises license, a club premises certificate or a temporary event notice”

Question 5

Exposing alcohol for unauthorised sale

Answer 5

Section 137 - Licensing Act 2003

“Summary offence for a person to expose alcohol for sale by retail in circumstances where the sale would not be under and in accordance with a premises licence, club premises certificate or a temporary event notice”

Question 6

Keeping alcohol on premises for unauthorised sale

Answer 6

Section 138 Licensing Act 2003

“Summary offence to keep alcohol on premises with the intention of selling it by retail or supplying it (by or on behalf of a club or to the order of a member of a club) unless that sale or supply would be under and in accordance with an authorisation “

Question 7

Allowing disorderly conduct on licensed premises

Answer 7

Section 140 Licensing Act 2003

“Summary offence to knowingly allow disorderly conduct on relevant premises”