APLH - Award for Personal Licence Holders Alcohol and Disorderly Conduct Questions and Answers Flashcards

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?

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.

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?

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.

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?

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.

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?

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).

What is the maximum penalty for the summary offence of being drunk and disorderly in a public place under the Criminal Justice Act 1967?

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.

Which of the following is an offence for which a Designated Premises Supervisor (DPS) could be prosecuted under the Licensing Act 2003?

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.