Legislative Framework

The White Paper “Time for Reform”: proposals for the modernisation of our licensing laws’ published in April 2000 (www.lga.gov.uk/Documents/Libdemgroup/PDFLink/policyno30.pdf contains a range of proposed measures including:

• Enabling the police to enter premises where there is disorder, stop it and close the premises for 24 hours whilst a review of the licence takes place;

• Enabling the exclusion from pubs of those convicted of violence on licensed premises for up to 10 years or life;

• The wider use of existing powers and possibly strengthened powers to exclude known drunks;

• Strong measures to combat underage drinking, including a new offence for buying alcohol for someone under 18 and putting test purchasing on a statutory footing; and

• Licences to be issued by local authorities, instead of magistrates, to ensure direct accountability to local people.

The Toolkit will be updated on the progress of the Government's proposals.

Byelaws: Consumption of intoxicating Liquor in Designated Places

The Home Office has developed a model bye law concerning the consumption of intoxicating liquor in designated places.( Home Office Circular 25/1996). Details are available at http://www.odpm.gov.uk/stellent/groups/odpm_localgov/documents/
page/odpm_locgov_605049.hcsp

Over 100 local authorities have now gone through the process of acquiring the bye-law since Coventry achieved the first over fifteen years ago with most requests relating to town and city centres.

The key pieces of legislation relating to alcohol and crime are as follows;

Inebriates Act 1898

• Prevention of the sale of alcohol to habitual drunkards

Licensing Act 1872

• Simple drunkenness

• Drunk in a public place

• Drunk in any highway or other public place

• Drunk in charge of a carriage, cattle or steam engine

• Drunk in possession of a loaded firearm

Licensing Act 1902

• Drunk in charge of a child

Licensing Act 1964

• Justices’ Licenses

• Permitted hours and extensions

• Sale to persons under 18

• Sale of intoxicating liquor to a drunken person

Criminal Justice Act 1967

• Drunk and disorderly

Alcoholic Liquor Duties Act 1979

• Duties payable on alcohol

Licensing (Occasional Permissions) Act 1983

• Occasional licenses to sell alcohol not for the purpose of private gain

Police and Criminal Evidence Act 1984

• Powers of arrest to prevent person injuring themselves or a member of the general public. This does not specifically refer to drunkenness; however, it is commonly used by the police to protect drunk individuals

Sporting Events (Control of Alcohol etc) 1985

• Causing or permitting the carriage of alcohol on a specified vehicle on route to or from football matches

• Being in possession of alcohol on such a vehicle on route to or from football matches

• Being drunk on a specified vehicle

• Possession of intoxicating liquor at any time during the period of a designated sporting event when in any area of a designated sporting ground from which the event may be directly viewed

• Possession of intoxicating liquor while entering or trying to enter a designated sporting ground

• Being drunk at a designated sporting ground at any time during the period of a designated sporting event

• Permitted licensing hours during designated sporting events does not include any part of the period at a designated sporting event or the off-supply of alcohol

• Entering or trying to enter such a ground during the period of a designated sporting event

Weights and Measures Act 1985

• Units of measurement of alcohol for use by the trade

Road Traffic Act 1988

• Drunk in charge of a motor vehicle

• Riding a bicycle while unfit through drink

• To drive or attempt to drive a motor vehicle after consuming so much alcohol that the proportion of it in the breath, blood or urine exceeds the prescribed limit

• Causing death by dangerous driving while under the influence of drink

• Breath tests and provision of specimens

Transport and Works Act 1992

• Offences involving drink or drugs on transport systems

Confiscation of Alcohol (Young Persons) Act 1997

• Power to confiscate alcohol from young people drinking on the street

Prisons (Alcohol Testing) Act 1997

• Power to test prisoners for alcohol

Finance Act 1997 Rates of duty on alcohol

• Labeling of alcohol

• Rates of duty on alcohol

The Licensing (Young Persons) Act 2000

• Staff who do not have a contract of employment with the Licensee ie; family members, can not be prosecuted for selling alcohol to someone under 18.

• Creates a new offence of purchasing alcohol on behalf of a minor (“proxy purchase”)

Police and Criminal Justice Bill