Sale And Supply Of Alcohol Act 2012 Flashcards
What is the definition of an intoxicated person?
Means observably affected by alcohol, other drugs or other substances to such a degree that 2 or more of the following are evident:
SPEECH is impaired
CO ORDINATION impaired
APPEARANCE is affected
BEHAVIOUR is impaired
What are the four types of licences?
On licence S.14
Off licence S.17
Club licence S.21
Special licence S.22
What 2 things must be displayed at all times inside a licensed premises?
A copy of the licence (S.56 & S.57)
The current managers name (S.214)
What is Section 242?
Employing minors in a restricted area
Under section 242, what are the exemptions?
- Cleaning, repairing, maintaining, altering or restocking premises or equipment
- Removing or replacing equipment
- Stocktaking
- Checking or removing cash
- Preparing or serving any meal
What is Section 243?
Minors purchasing alcohol
Minors cannot purchase alcohol on or from a licensed premises
What is Section 244?
Minors found in a restricted of supervised area.
Minors can be in a supervised area for:
*cleaning, repairing, maintaining,
altering or restocking the area or any equipment in the area.
- removing or replacing any such equipment
- stocktaking
- checking or removing cash
- preparing or serving any meal
- selling or supplying alcohol
Can a minor sell and supply alcohol in a supervised area?
Yes
What is Section 247?
Unauthorised sale or supply (selling after hours)
What is Section 248?
Sells or supplies to intoxicated person
What is Section 249?
Allows a person to become intoxicated
What is Section 252?
Allows intoxicated person to be or remain on licensed premises
What is Section 253?
Allows violent, quarrelsome, insulting or disorderly conduct on licensed premises
What is Section 256?
Allows persons to be on licensed premises outside licensing hours
Section 267 is our power of entry, what are the 2 reasons that enable us to enter?
To ascertain if the licensee is complying with the Act/Licence
If you have RGTB that any offence against the act is being committed on those premises
Do you have a power of arrest for Section 267?
No, but you can consider arresting for obstruction if people do not comply
Under what section do we have the power to demand information?
Section 269
Under section 269, when can you demand information
When a constable has RCTS any person
- is committing
- has committed
- is attempting to commit
Any offence against this act
Under section 269, what information can you demand?
Name
Address
Date of birth
What is the process if a person refuses to give these details or if you believe the details are false and they won’t provide ID?
You must caution the person
If they still refuse, then you can arrest them
Under section 256, it’s an offence to be found on a licensed premise outside licensing hours. What does “outside licensing hours” mean?
It means at any time later than 30 mins after the closing time stated on the licence or any other time when the premises are required to be closed for the sale of alcohol
What are the conditions in which police are able to order the temporary closure of licensed premises?
- If a riot is taking place or RGTB that a riot may occur
- if there is fighting or serious disorder or RGTB that fighting or serious disorder about to break out
- significant threat to public health or safety
- substantial public nuisance
- RGTB Offences have been committed on the licensed premises that carry a maximum penalty of 5 years or more and there is a significant risk of further Offences
A minor commits an offence under the SUMMARY OFFENCES ACT, section 38(3)(a) when a minor _______ alcohol in a _________ ____________.
When a minor drinks alcohol in a public place
What is Section 38(3)(b) of the Summary Offences Act 1981?
A minor, has in her/his possession, for the consumption of alcohol, in a public place, while not accompanied by parent or legal guardian.
What is Section 38(1) of the Summary Offences Act 1981?
Any person,
Drinks, supplies, offers to supply, has possession for consumption therein,
Alcohol, on any public transport
What is the procedure to deal with an offence under section 38?
Identify which offence is being committed
Request name and address
If not supplied warn liable to be arrested. If refused, arrest and seize alcohol
The power to seize alcohol and it’s container comes from section 45 of what Act?
Summary Offences Act 1981
Intoxicated means observably affected by alcohol, other drugs or other substances to such a degree that 2 or more of the following are evident:
APPEARANCE is affected
BEHAVIOUR is impaired
CO ORDINATION impaired
SPEECH is impaired
What is Section 36 in regards to intoxicated people?
A constable may take a person whom they find intoxicated
In a pp or trespassing
And person incapable of protecting themselves
Or likely to cause harm
Or likely to cause damage to property
To their home or shelter or police station
Under what circumstances can you take an intoxicated person to a police station? (Section 36)
Taking to a police station is appropriate only if the other options are
Not available
Unsafe
Impractical
What rights does an intoxicated person have?
Any person dealt with by police must:
- be given their caution rights
- allowed to make one phone call if detained at police station
- released as soon as sober or no more then 12 hours ( if u think they need lingers than contact medical person)
How should you deal with a child of CYP you find intoxicated?
The same provisions of the policing act 2008 apply
Contact youth aid officer if you have any concerns for them
What should you look for when assessing intoxication
SPEECH is impaired
CO ORDINATION impaired
APPEARANCE is affected
BEHAVIOUR is impaired
Ie relaxation and sleepiness, laughter, slurred speech, the inability to walk straight
Define the 3 different levels of intoxication:
Sober
Influenced
Intoxicated
