Criminal damage: Frequently asked questions
Criminal damage and alcohol
How do we tackle criminal damage which appears to be alcohol related?
Do Police have the power to confiscate alcohol from young people?
What are the consequences for licensed premises if they sell alcohol to underage children?
Has there been any research or studies to determine whether there is any connection between criminal damage and alcohol?
- The Offending Crime and Justice Survey asks offenders their motivation for a range of crimes. For criminal damage, 32% of offenders reported that they were under the influence of alcohol at the time of the offence, higher than the 18% of offenders who reported alcohol use at the time of committing offences of violence (OCJS 2005).
- The Youth Lifestyles Survey (1998/99) records 24% of 18 - 24 year olds broke destroyed or damaged something belonging to someone else during or after drinking.
How do we tackle criminal damage which appears to be alcohol related?
- Mapping crimes, particularly night time ones might help you identify how close incidents of criminal damage are to pubs or routes to and from pubs.
- Night bus services can help disperse people quickly from night time economy venues and away from town centres, which may reduce the likelihood of criminal damage incidents in those areas. Night marshalls can be used to manage the main points at which people join the buses.
- In Birmingham there was evidence of offenders leaving local pubs and within metres smashing bus shelters. The offenders were witnessed, arrested and charged in a joint operation between the City Council, West Midlands Police Safer Travel Team and CENTRO (bus operator).
- Where criminal damage appears to be linked to underage drinking, working with Trading Standards to tackle underage sales may help. Visiting schools and youth services to discuss issues around alcohol, crime and antisocial behaviour may also help. In Wakefield the Police ran an operation targeting alcohol related incidents.
Can Penalty Notices for Disorder be used for underage drinking or adults buying alcohol on behalf of a person under 18?
- Fixed Penalty Notices (FPN) and Penalty Notices for Disorder (PND) are one-off penalties issued for anti-social behaviour and offending. Penalty notices can be used for a range of offences including being drunk and disorderly in a public place, buying or attempting to buy alcohol on behalf of a person under 18 and selling alcohol to a person under 18. See the Home Office website for further information.
Do the Police have the power to confiscate alcohol from young people?
- The Police have powers under the 'Confiscation of Alcohol (Young Persons) Act 1997' to confiscate alcohol from those underage drinkers in the public place where they reasonably believe that the person is, has been, or intends to drink alcohol in that place.
What is a Designated Public Places Order (DPPO) and how can it be used to tackle drinking related anti social behaviour?
- Sections 12-16 of the Criminal Justice and Police Act 2001 allows local authorities to adopt powers to designate areas with a DPPO which have known anti-social drinking and nuisance associated with them. Once an area is designated the police can use their alcohol confiscation powers within the area where those aged 18 and over are associated with alcohol misuse problems in the public place. For information, guidance, legislation and examples of best practice on DPPOs then visit the Designation Orders page of the crime reduction website.
What are the consequences for licensed premises if they sell alcohol to underage children?
- Criminal offences in relation to alcohol and children are outlined in sections 145-153 of the Licensing Act 2003, which cover sale, purchase, consumption and delivery. Any employee of an alcohol retailer who makes a sale to a person aged under 18 may be prosecuted or cautioned under section 146, or receive a Penalty Notice for Disorder, which carries an £80 fine.
- Any retailer who knowingly allows the sale of alcohol on the relevant premises may be prosecuted under section 147.
- Since 6 April 2007 a premises licence-holder can be prosecuted for persistently selling alcohol to children under the newly inserted section 147A, if three or more sales are made within three months. If found guilty, they may be liable for a £10,000 fine and have the licence suspended for up to three months.
- Section 154 of the Licensing Act 2003 provides that weights and measures inspectors may conduct test purchases to ensure compliance with the law.
- Trading Standards Officers operate in conjunction with Police Licensing Officers to enforce the provisions relating to children and alcohol by conducting test purchasing activity throughout the year. In addition, this year the Home Office has provided funding for the Police and Trading Standards to conduct a ten-week national Tackling Underage Sales of Alcohol Campaign, which will commence in May 2007. This campaign will make use of the new powers available under section 147 and 169A, where a police officer may give a closure notice to a premises where there have been persistent sales of alcohol to children. The closure notice proposes a prohibition on alcohol sales for a period not exceeding 48 hours on the premises in question, and offers the opportunity to discharge all criminal liability in respect of an alleged offence under section 147 by acceptance of the prohibition proposed in the notice.
- Further information on dealing with problem licensed providers, including a practitioner's guide, can be found in the Police Home Office website.
Last update: Wednesday, September 12, 2007