APLH - Award for Personal Licence Holders Alcohol and Disorderly Conduct Questions and Answers — Questions and Answers
Question 1: A customer in a pub is slurring their words, stumbling, and has become loud and aggressive towards other patrons. What is the primary legal responsibility of the bar staff under the Licensing Act 2003?
- Ignore the behaviour unless a physical fight breaks out.
- Serve them one last drink of water before asking them to leave.
- Refuse further service of alcohol and ask the person to leave the premises. (Correct answer)
- Only intervene if the Designated Premises Supervisor is present to authorise it.
Correct answer: Refuse further service of alcohol and ask the person to leave the premises.
The Licensing Act 2003 makes it an offence to sell alcohol to a person who is drunk (Section 141) and to allow disorderly conduct on licensed premises (Section 140). The primary responsibility of staff is to uphold the licensing objectives, which includes preventing crime and disorder. This is achieved by ceasing the sale of alcohol to the intoxicated individual and requesting that they leave the premises.
Question 2: Under Section 141 of the Licensing Act 2003, who can be held legally responsible for the offence of selling alcohol to a person who is drunk?
- Only the individual member of staff who physically served the drink.
- The drunk person and the person who served them.
- Only the Premises Licence Holder for the premises.
- The person who made the sale, the Designated Premises Supervisor, and the Premises Licence Holder. (Correct answer)
Correct answer: The person who made the sale, the Designated Premises Supervisor, and the Premises Licence Holder.
Section 141 of the Licensing Act 2003 states that the person who physically sells the alcohol commits an offence. However, liability also extends to the holder of the premises licence and the Designated Premises Supervisor (DPS) for 'allowing' the sale to take place, as they are responsible for the overall management and compliance of the premises.
Question 3: A person who is drunk and disorderly refuses to leave a licensed premises after being asked by the on-duty manager. Which of the following statements correctly describes the manager's authority in this situation?
- The manager must wait for a police constable to arrive before taking any further action.
- The manager is legally entitled to use reasonable force to remove the person from the premises. (Correct answer)
- The manager can only eject the person if they hold a specific SIA door supervisor licence.
- The manager is only permitted to verbally instruct the person to leave and cannot physically intervene.
Correct answer: The manager is legally entitled to use reasonable force to remove the person from the premises.
A person in a position of authority, such as a manager, has a common law right to eject a trespasser. When a person refuses to leave after being asked, they become a trespasser. This right is supported by the Licensing Act 2003, and allows for the use of reasonable force to remove a person who is drunk or disorderly.
Question 4: A police constable is called to a pub where a customer is being aggressive and shouting. The customer is clearly drunk. Upon arrival, the constable asks the customer to leave, but they refuse. What specific offence under the Licensing Act 2003 has the customer now committed?
- Failing to leave a licensed premises when requested by a constable. (Correct answer)
- Obstructing a police officer in the execution of their duty.
- Public nuisance.
- Aggravated trespass.
Correct answer: Failing to leave a licensed premises when requested by a constable.
Section 143 of the Licensing Act 2003 creates a specific offence where a person who is drunk or disorderly on relevant premises fails, without reasonable excuse, to leave when requested to do so by a constable or an authorised person (such as staff).
Question 5: What is the maximum penalty for the summary offence of being drunk and disorderly in a public place under the Criminal Justice Act 1967?
- A Level 1 fine on the standard scale.
- A Level 4 fine on the standard scale.
- A Level 3 fine on the standard scale. (Correct answer)
- A Level 2 fine on the standard scale.
Correct answer: A Level 3 fine on the standard scale.
The offence of being drunk and disorderly in a public place is established under Section 91 of the Criminal Justice Act 1967. The maximum penalty upon conviction is a fine not exceeding Level 3 on the standard scale.
Question 6: Which of the following is an offence for which a Designated Premises Supervisor (DPS) could be prosecuted under the Licensing Act 2003?
- Refusing entry to a person who appears to be drunk.
- Serving a customer who is having a loud but friendly conversation.
- Playing loud music that annoys neighbouring residents.
- Knowingly allowing disorderly conduct to take place on the premises. (Correct answer)
Correct answer: Knowingly allowing disorderly conduct to take place on the premises.
Section 140 of the Licensing Act 2003 makes it an offence for a person in authority, which explicitly includes the Designated Premises Supervisor, to knowingly allow disorderly conduct on licensed premises. This is a key part of their responsibility to uphold the licensing objective of preventing crime and disorder.
APLH - Award for Personal Licence Holders Alcohol and Disorderly Conduct Questions and Answers
A customer in a pub is slurring their words, stumbling, and has become loud and aggressive towards other patrons.
What is the primary legal responsibility of the bar staff under the Licensing Act 2003?