APLH Alcohol Disorders 1 — Questions and Answers
Question 1: Under the Licensing Act 2003, what is the offence of 'selling alcohol to a drunk person'?
- There is no specific offence relating to selling to a drunk person
- Section 141 creates an offence of knowingly selling or attempting to sell alcohol to a person who is drunk on any licensed premises (Correct answer)
- It is only an offence in late-night premises after midnight
- It is a civil offence carrying a fixed penalty notice only
Correct answer: Section 141 creates an offence of knowingly selling or attempting to sell alcohol to a person who is drunk on any licensed premises
Section 141 Licensing Act 2003 makes it a criminal offence for any person on relevant premises to knowingly sell or attempt to sell alcohol to a person who is drunk.
Question 2: What powers do the police have under the Licensing Act 2003 to disperse people from a licensed premises area?
- No special powers — only normal arrest powers apply
- Power to issue directions to leave the area and not return for up to 48 hours under the policing of alcohol-related disorder provisions (Correct answer)
- Power to close the premises immediately for 12 hours
- Power to revoke the premises licence on the spot
Correct answer: Power to issue directions to leave the area and not return for up to 48 hours under the policing of alcohol-related disorder provisions
The police have powers to issue directions to leave an area near licensed premises where persons are causing alcohol-related disorder, breach of which is a criminal offence.
Question 3: Under the Licensing Act 2003, what is an 'Alcohol Disorder Zone' (ADZ)?
- An area permanently closed to new licensed premises applications
- An area designated by a local authority where premises are required to pay a levy to fund additional policing and street cleaning during peak disorder periods (Correct answer)
- A zone in which alcohol consumption is prohibited in public
- A post-code area with above-average alcohol-related hospital admissions
Correct answer: An area designated by a local authority where premises are required to pay a levy to fund additional policing and street cleaning during peak disorder periods
Alcohol Disorder Zones allowed local authorities and police to designate areas where premises paid additional charges to fund extra policing and cleaning — however, this provision was rarely used in practice.
Question 4: What is the 'designated public place' regime and how does it affect licensed premises?
- It designates premises for priority policing resources
- It allows local authorities to designate public places where police can confiscate and require people to stop drinking alcohol in public, targeting street drinking near licensed premises (Correct answer)
- It requires all licensed premises to provide outdoor seating areas
- It gives local authorities power to revoke licences in disorder hotspots
Correct answer: It allows local authorities to designate public places where police can confiscate and require people to stop drinking alcohol in public, targeting street drinking near licensed premises
Designated public place orders (DPPOs, now Public Spaces Protection Orders) allow police to confiscate open containers and direct people not to drink in specified public areas, helping to manage disorder near licensed premises.
Question 5: Which staff practice is essential to prevent disorder in a licensed premises?
- Serving alcohol as quickly as possible to reduce waiting time frustration
- Monitoring customers' alcohol consumption, refusing service to those who are becoming intoxicated, and maintaining a safe environment with adequate security (Correct answer)
- Playing loud music to mask noise from intoxicated customers
- Allowing customers to bring their own alcohol if the premises are at capacity
Correct answer: Monitoring customers' alcohol consumption, refusing service to those who are becoming intoxicated, and maintaining a safe environment with adequate security
Responsible alcohol service — monitoring consumption, refusing service to those who appear drunk, and maintaining order — is fundamental to promoting the prevention of crime and disorder licensing objective.
Question 6: What is the relationship between 'drunk and disorderly' behaviour and the licensing objectives?
- It is unrelated to licensing — it is solely a police matter
- Premises that permit or contribute to drunk and disorderly behaviour are failing the prevention of crime and disorder and public safety licensing objectives, which can trigger a licence review (Correct answer)
- It only becomes a licensing concern if physical violence occurs on the premises
- It engages only the prevention of public nuisance objective
Correct answer: Premises that permit or contribute to drunk and disorderly behaviour are failing the prevention of crime and disorder and public safety licensing objectives, which can trigger a licence review
Drunk and disorderly behaviour linked to a premises engages both the crime and disorder objective (disorder is crime-adjacent) and potentially public safety — the premises licence can be reviewed if the operator fails to prevent this.
APLH Alcohol Disorders 1
Under the Licensing Act 2003, what is the offence of 'selling alcohol to a drunk person'?