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Police Law 11th Edition

19. Licensed Premises, Licensed Persons, Clubs, Places of Entertainment and Offences of Drunkenness

Chapter 19

Regulated entertainment p 709

There is prospectively added to the list (a) to (g) on p 710:

'(h) lap dancing or other sexual entertainment.'

This prospective addition is made by the Policing and Crime Act 2009, Sch 7.

Premises licence p 711

Add at the end of the material under this heading (ie at the end of the second paragraph on p 713):

'There is an exception, however, where the application for a premises licence is made by the management committee of community premises (ie a church hall or similar building or a village hall, community hall or similar building). In such a case the application may include an application for "the alternative licence condition" to be included in the premises licence. The "alternative licence condition" is the condition that every supply of alcohol under the premises licence must be made by or authorised by the management committee. It the licensing authority is satisfied as to the arrangements for the adequate supervision of alcohol sales on the premises and grants the application, the "alternative licence condition" will be substituted in the premises licence for the conditions referred to in the second paragraph on p 713. Where an application is made for the alternative licence condition, there is, of course, no need to give detail about the designated supervisor in the application for the premises licence.' [Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls & c) Order 2009, SI 2009/1724]

Variation and transfer of licences p 713

Add after the second paragraph under this heading:

'Where a management committee of community premises already hold a premises licence in respect of them it may apply for a variation of the licence so as to substitute the "alternative licence condition" referred to above.' [Legislative Reform (Supervision of Alcohol Sales in Church and Village Halls & c) Order 2009, SI 2009/1724]

Persistently selling alcohol to children p 728

The reference to 'three or more occasions' in the first paragraph under this heading has been amended by the Policing and Crime Act 2009, s 28 to 'two or more occasions.'

CONFISCATION OF ALCOHOL - YOUNG PERSON p 728

The Confiscation of Alcohol (Young Persons) Act 1997, s1 has been amended by P&CA 2009, s 29 as follows:

1. in the twelfth line of the first paragraph of the text delete 'and to state his name and address';
2. add after the above words in the first paragraph: 'A constable who imposes a requirement on a person under this power must also require the person to state the person's name and address and may, if the constable reasonably suspects that the person is under the age of 16, remove the person's place of residence or a place of safety.';
3. delete the last sentence in the first paragraph.

Offence of persistently possessing alcohol in a public place p 731

Insert the above heading and the following text before the third heading on p 731.

'P&CA 2009, s 30 provides that a person under 18 is guilty of an offence if, without reasonable excuse, he is in possession of alcohol in any relevant place on three or more occasions within a period of 12 consecutive months.

"Relevant place", in relation to a person, means (a) any public place, other than excluded premises, or (b) any place, other than a public place, to which the person has unlawfully gained access.

For these purposes, a place is a public place if at the material time the public or any section of the public has access to it, on payment or otherwise, as of right or by virtue of express or implied permission. "Excluded premises" means:

1. premises which may by virtue of Part 3 or 5 (see pages 711 and 716 of text) of the Licensing Act 2003 (premises licence or permitted temporary activity) be used for the supply of alcohol,
2. premises which may by virtue of Part 4 (see page 714 of text) of the Act (club premises certificate) be used for the supply of alcohol to members or guests.'

Drinking banning orders p 735

Remove 'prospectively' from first line.

OFFENCES OF DRUNKENNESS AND POLICE POWERS p 737

'Drunkenness' requires that the accused has voluntarily consumed alcohol and that this has resulted in his becoming drunk. 'Drunk' bears its ordinary natural meaning; whether the accused was drunk is a question of fact in each case. [Carroll v DPP [2009] EWHC 554 (Admin)]

Drunk and disorderly p 737

Whether the accused's behaviour was disorderly is a simple question of fact. What is required is that his behaviour, viewed objectively, was disorderly. 'Disorderly behaviour' does not involve any element of mens rea. [Carroll v DPP [2009] EWHC 554 (Admin)]