Public Protection and Safety Crime and Alcohol PDF

Public Protection and Safety PPS10 Crime and Alcohol Introduction The relationship between the consumption of alcoholic liquor and crime is well established. It has been suggested that alcohol is a factor in approximately 50% of all crime, and as much as 90% of offences involving pu...

Public Protection and Safety PPS10 Crime and Alcohol Introduction The relationship between the consumption of alcoholic liquor and crime is well established. It has been suggested that alcohol is a factor in approximately 50% of all crime, and as much as 90% of offences involving public disorder can be linked to its effects, for example, a significant proportion of victims of crime are also found to be suffering from the effects of intoxicating liquor. Offences such as assault and vandalism are more closely linked with the consumption of alcohol than offences where dishonesty is a feature, such as theft or burglary. The effects of alcohol are a factor in crime committed in the home and particularly prevalent in domestic abuse. The Police Service of Northern Ireland has a responsibility to supervise the conduct of licensed premises to ensure that intoxicating liquor is supplied and consumed in accordance with legislation. Enforcing the law related to licensed premises should be seen as a means of preventing alcohol-related crime, rather than imposing petty restrictions on the majority of the population. Concern about the levels of alcohol-related crime is reflected in the legislation to control supply and consumption in specific circumstances. This includes locations such as sports grounds and in town centres where particular problems have been experienced. In addition to monitoring behaviour in licensed premises, it is necessary to arrange for police patrols to be present or available when the potential for alcohol-related crime is at its greatest. This is usually late at night when pubs and clubs are closing, but may also be during the day, particularly during the summer and in connection with public holidays or events, such as concerts, shows or festivals. OFFICIAL [PUBLIC] Page 226 Think Integrity As the police have a responsibility for controlling the consumption of alcohol, it is important that the behaviour of officers is beyond reproach. Condoning out of hours drinking or accepting free drinks compromises that integrity. For this reason and for your own protection, any gifts such as free drinks must be refused and you should always arrange to be accompanied when entering licensed premises as part of your duties. It is advisable to enter licensed premises only when accompanied by another officer, unless the need is urgent. In such cases you should notify your supervisor and make a full record of the entry in your notebook. The police conduct routine supervisory visits to licensed premises. A supervisor accompanied by another officer usually conducts these. Licensed Premises Although many different types of premises may be licensed, such as conference centres and universities, the common use of the term ‘licensed premises’ refers to premises which sell intoxicating liquor to the public. There are various types of licensed premises including public houses, off-licences, licensed restaurants and hotels. Permitted Hours and Drinking Up Time The Licensing and Registration of Clubs (Amendment) Act became law on 26 August 2021. The Act amends both the Licensing (Northern Ireland) Order 1996 (the Licensing Order) and the Registration of Clubs (Northern Ireland) Order 1996 (the Clubs Order). This now removes all restrictions on Good Friday and Easter Sunday. As a result, the permitted hours for the Easter weekend now mirror what is available for any other weekend throughout the year. This removes the restrictions on late opening on Sunday nights, this means that closing times on a Sunday will be the same as any other night. This is 11.00pm with general permitted hours, 1.00am the following morning with additional hours or 2.00am the OFFICIAL [PUBLIC] Page 227  following morning in in pubs and hotels with further additional permitted hours: The table below shows the new relevant opening and closing times as well as drinking up time after permitted hours. TYPE OF MONDAY- SUNDAY PREMISES SATURDAY Article 42 Article44,45, Article Article 42 Article44,45, Article General 47 44A 47 44A Permitted Additional Further General Additional Further hours permitted additional Permitted permitted additional hours hours Hours hours hours 5(1)(a) Public House 11.30am – 11:00pm- 1.00am- 12.30pm – 11.00pm- 1.00am- 5(1)(c) Hotel 11.00pm 1.00am 2.00am 11.00pm 1.00am 2.00am 5(1)(e) Restaurant 11.30am – 11.00pm- 12.30pm – 11.00pm – 5(1)(d) Guest House 11.00pm 1.00am 11.00pm 1.00am 5(1)(f) Conference Centre 5(1)(g) Higher Education Inst. 5(1)(h) Place of public entertainment Authorisation Authorisation Certificate of Registration 11:30am – for special 12:30pm – for special Private members Clubs 11.00pm Occasion 11pm Occasion 104 per year 104 per year 11.00pm- 11.00pm- 1.00am 1.00am 5(1)(b) Off-Licence 8.00am – 10.00am – 5(1)(a) Off Sales attached 11.00pm 10.00pm to Public House 5(1)(j) Seaman's Canteen 11.30am – 12.30pm – 5(1)(i) Public Transport 11.00pm 11.00pm Refreshment Room OFFICIAL [PUBLIC] Page 228 Drinking up time is 1hr after permitted hours No off sales on Christmas day. No late or further permitted hours on Christmas day, Article 30 Occasional Licence (Concerts / festivals etc.) Mon – Fri 11:30 – 1am Sun - 12:30 – midnight. Power of Entry A constable may, at any reasonable time, for the purpose of ascertaining whether a contravention of the Licensing Order is being or has been committed or whether any conditions which are applicable under the Order are being or have been complied with, enter and inspect: licensed premises; or premises which adjoin or are near licensed premises and which belong to the holder of the licence or are under his control or used by his permission. Summary of Article 71 (b) (i) and (ii) Licensing (NI) Order 1996 Ejecting Persons from Licensed Premises The licensee is responsible for the conduct of the licensed premises and if any person is drunk, violent, quarrelsome, or disorderly the licensee may eject them. A police constable must assist to eject a person in these circumstances if requested to do so by the licensee, his agent or servant. An offence is committed by any person who is drunk, violent, quarrelsome or disorderly on licensed premises or who fails to leave at the request of the licensee, their agent, servant or a police constable. Power to Exclude Drunken Persons from Licensed Premises Without prejudice to any other right to refuse a person admission to premises or to expel a person from premises, the holder of a licence or his servant or agent may refuse to admit to, or may expel from, the licensed premises any person who is drunken, or is acting in a disorderly manner, or whose presence in the licensed premises would subject OFFICIAL [PUBLIC] Page 229 the holder of the licence to a penalty under this Order or under any other statutory provision. If any person liable to be expelled from licensed premises under this Article, when requested by the holder of the licence or his servant or agent or a constable to leave the premises, fails to do so, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. A constable shall, on the demand of the holder of a licence or his servant or agent, help to expel from the licensed premises any person liable to be expelled from those premises under this Article, and may use such force as may be required for the purpose. Article 63 Licensing (NI) Order 1996 Power to Remove As can be seen above in Article 63 of the Licensing (NI) Order 1996 it is an offence to fail to leave the premises if requested by the staff at the premises or a Constable and that reasonable force may be used to remove the individual from the premises. Riotous, disorderly or indecent behaviour in licenced premises A person who in any licensed premises uses: a. riotous, disorderly or indecent behaviour, or b. behaviour whereby a breach of the peace is likely to be occasioned, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 6 months or to both. Article 64 Licensing (NI) Order 1996 OFFICIAL [PUBLIC] Page 230 Policing Your Beat You should find out where the licensed premises are on your beat and consider these when deciding how to spend your uncommitted time. People leaving licensed premises in a noisy manner can adversely affect the quality of life for people living nearby. You can assist in this by simply planning to be in these areas at the appropriate times. Juveniles Consuming Alcohol A person under the age of 18 shall not: purchase intoxicating liquor; or consume intoxicating liquor in any place or premises except premises used only as a private residence. Article 60(2) Licensing (NI) Order 1996 Consume Consume is not interpreted in the Order. Consumption in its simplest terms could be witnessing a person drinking alcohol from a container such as a bottle or a can. That is not to say that mere possession of an open bottle or can of alcohol, in certain circumstances, would not also be classed as consumption. When on Patrol You receive information from a member of the public that they have seen a group of youths drinking in a park. When you arrive you observe plastic bags containing tins of beer and some of the youths are clearly unsteady on their feet and smell strongly of intoxicating liquor. Until such times as there is clear case law, you as a police officer must endeavour to gather as much evidence (see procedure below) as possible to demonstrate evidence of consumption. Seizure Under this legislation you have no power to seize alcohol. OFFICIAL [PUBLIC] Page 231 Procedure  Gather evidence of the offence having been committed e.g. witness the person consuming the alcohol in any place that is not a private residence. Think body worn video, police notebook, PUMA device.  Inform the person that they have committed an offence.  Ascertain the person’s identity.  Caution - Article 3, note reply.  Inform the person that they will be reported with a view to prosecution.  Seize any alcohol if appropriate under Article 21 PACE. Offence Any person acting in contravention of this paragraph shall be guilty of an offence. Article 60(6) Licensing (NI) Order 1996 Confiscation of Alcohol The Confiscation of Alcohol (Young Persons) Act 1997 provides you with a power of confiscation of alcohol where young people (under 18) are involved. The Act has been designed to allow the police to deal with situations where drinking causes a nuisance to others or may lead to further bad behaviour. It does not, however, create an offence for a young person to have alcoholic drink in a public place and the police are not under a duty to confiscate alcohol from underage drinkers. It should not be used where young people’s drinking is not causing a problem, for example a family picnic. Police Powers ‘Where a constable reasonably suspects that a person in a relevant place is in possession of alcohol and that either: OFFICIAL [PUBLIC] Page 232  he is under the age of 18; or he intends that any of the alcohol should be consumed by a person under the age of 18 in that or any other relevant place; or a person under the age of 18 who is, or has recently been, with him has recently consumed alcohol in that or any other relevant place, the constable may require him to surrender anything in his possession which is, or which he constable reasonably believes to be, alcohol or the container for such alcohol (other than a sealed container) and to state his name and address.’ Section 1(1) and 1(1AA) Confiscation of Alcohol (Young Persons) Act 1997 ‘But a constable may not under subsection (1) require a person to surrender any sealed container unless the constable reasonably believes that the person is, or has been, consuming, or intends to consume, alcohol in any relevant place.’ Section 1A Confiscation of Alcohol (Young Persons) Act 1997 A constable who imposes a requirement on a person under subsection (1) may, if the constable reasonably suspects that the person is under the age of 16, remove the person to the person’s place of residence or a place of safety. Section 1(1AB) Confiscation of Alcohol (Young Persons) Act 1997 In relation to the above requirements, the Constable must inform the person of their suspicion and that failing without reasonable excuse to comply with the requirement imposed is an offence. Section 1(AB) Confiscation of Alcohol (Young Persons) Act 1997 Relevant Place ‘in relation to a person, means:  any public place, other than licensed premises; or  any place, other than a public place, to which the person has unlawfully gained access, OFFICIAL [PUBLIC] Page 233 and for this purpose 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.’ Section 1(6) Confiscation of Alcohol (Young Persons) Act 1997 Alcohol Alcohol has the same meaning as intoxicating liquor in the Licensing (Northern Ireland) Order 1996, and means spirits, wine, beer, cider, and any other fermented, distilled or spirituous liquor, but does not include: perfumes; flavouring essences recognised by the Commissioner of Customs and Excise; spirits, wine or made-wine so medicated as to be, in the opinion of the Commissioners, intended for use as a medicine and not as a beverage; any liquor which is of a strength not exceeding 0.5 % at the time of the sale or other conduct in question; Power of Arrest Article 26 PACE (NI) Order 1989 – Subject to necessity criteria Procedure When less than 12 items of intoxicating liquor are surrendered it will be disposed of by pouring it away e.g. down a drain or at the police station, preferably (if practicable) out of sight of the person who surrendered it. If there are 12 or more items surrendered the member taking possession will ensure: A relevant entry (including method of disposal) is made in the: Occurrence book. Special property register. The officer’s notebook. Form 75/1 completed. OFFICIAL [PUBLIC] Page 234  Intoxicating liquor disposed of in the presence of a supervisory officer as soon as is practicable. Form 75/2 completed and forwarded to the parent or guardian. A copy is retained and the date of posting recorded in the C6 entry. If a person is arrested under Section 1(5) the intoxicating liquor is seized under Article 21(2) PACE. There is also a power of search and seize after arrest under Article 34 PACE. As these items are now seized and not surrendered they become part of the prisoner’s property and cannot be disposed of under the Act. Accountability and Keeping Records On all occasions when intoxicating liquor is surrendered, seized or disposed of a full notebook entry will be made and shall include: Name and address of owner/person having possession. Amount and type of alcohol. Method of disposal. Signature of owner/person having possession should be requested (depending on the circumstances) Signature of another officer present during the time of disposal, if less than 12 items. Collaborative Decision Making and Other Agencies As a police officer, you will frequently come into contact with people who are drunk and who may be alcoholics. You will not always have time to give them the advice and support that they may need. You should consider what other agencies are available in the area that you work who can offer that support. Accountability and the OSCAR Application The OSCAR application (Operation Snapper Computer Analysis and Recording) should be used from 1 October 2008 for recording all alcohol seizures. OFFICIAL [PUBLIC] Page 235 The intention of the OSCAR application is to make it simple for districts to capture all alcohol seizures. It should take a maximum of 1 minute to make an entry. OSCAR Procedure: Log onto POLICENET / OSCAR. Officers should then click on RECORD NEW INCIDENT. If making an entry on their own behalf they should click on I AM THE REPORTING OFFICER, I AM RECORDING THE INCIDENT. If another officer is recording the details on an officer’s behalf they should click on: I AM RECORDING THE INCIDENT ON BEHALF OF THE REPORTING OFFICER. Officers should then record the required details on the screen. These are mainly drop down menus and will require little free text to be used. An acknowledgement of the entry will be sent to the officer’s email. Reports OSCAR will keep a running record of all seizures and will provide administrators, controllers and analysts with the ability to run reports for districts. These can be drilled down to district, area or sector basis and eventually will be available on a neighbourhood basis, once these have been finalised. Access to the Reports 1. All Officers - can enter their own seizures and Browse their own incidents. 2. Controllers - can enter seizures on behalf of officers. 3. Analysts - can run Reports. 4. Administrators - Full access and can add Analysts/Controllers and Administrators. OFFICIAL [PUBLIC] Page 236 Drinking in a Public Place contrary to Council Bye-Laws It is an offence for any person to consume intoxicating liquor in any place within the council boundaries that is a designated area. Although there is no age limit, juveniles should generally be dealt with using Confiscation of Alcohol (Young Persons) Act 1997. Most designated places are clearly signposted warning of the offence and the possible penalty, however even if the sign has been removed it still remains an area of no drinking. You will need evidence that the person was actually consuming i.e. you need to witness this – mere possession, even if a tin/bottle is open, is not enough. You do not have any powers to remove the items from the offenders under this legislation, even if a person continues to drink you may only record this fact on your statement. Police Actions and Procedure Gather evidence of the offence being committed e.g. observe the person drinking, body worn video footage. N.B. Ensure that you check the contents of the bottle / tin for court purposes. Point out the offence to the person including, if possible, any signs in the vicinity. Ascertain the person’s identity (Correct name, address, and DOB are all vital for service of summons by the Council). If they refuse to provide their details then arrest necessity would apply under Article 26 PACE. Caution the offender using Article 3 PACE noting any reply, and inform them they will be reported with a view to prosecution. Statement to be completed (no file required) and forward to OCMT who will forward the evidence and details to the council. Door supervisors at licensed premises Private Security Industry Act 2001 The Private Security Industry Act 2001 (referred to as the PSIA 2001) creates a number of offences. Police Constables in frontline duties will usually engage this legislation when it comes to checking whether door supervisors at licenced premises are legally registered to work in that role. OFFICIAL [PUBLIC] Page 237 The Security Industry Authority (SIA) is the organisation responsible for regulating the private security industry. It is an independent body reporting to the Home Secretary, under the terms of the PSIA 2001. Their remit covers the United Kingdom with respect to: a. Compulsory licensing of individuals undertaking designated activities within the private security industry, and b. Management of the voluntary approved contractor scheme which measures private security suppliers against independently assessed criteria. The SIA share the Chief Constables purpose of “Keeping People Safe” with public protection at the core. PSNI understanding, application and use of legislation contained within The PSIA 2001 cannot be underestimated. PSNI engagement with door staff will assist in mitigating the risk to members of the public who are often at their most vulnerable whilst frequenting licensed premises. Effective use of this legislation impacts positively upon organisational strategic priorities such as tackling child sexual exploitation, domestic abuse, organised crime groups and violent extremism. Increased engagement with door staff by officers will not only help reduce the risk of unlicensed individuals performing roles in this position of trust, but also build community relations, particularly in hard to reach areas, with legitimate door staff who are often the first to witness crimes and in a position to prevent or report on crimes in action. Designated Activities The designated activities referred to in point ‘A’ above are detailed in schedule 2 of the PSIA 2001. The legislation uses the term ‘manned guarding’ which includes the following activities: a. guarding premises against unauthorised access or occupation, against outbreaks of disorder or against damage; OFFICIAL [PUBLIC] Page 238  b. guarding property against destruction or damage, against being stolen or against being otherwise dishonestly taken or obtained; c. guarding one or more individuals against assault or against injuries that might be suffered in consequence of the unlawful conduct of others. All of the above includes providing a physical presence, or carrying out any form of patrol or surveillance, as to deter or otherwise discourage it from happening or to provide information, if it happens, about what has happened. Licensing Requirement Anyone supplied under a contract for services who protects premises, property or individuals from disorder, damage, theft, attack or assault will require an SIA licence. If the above is performed in relation to licensed premises (i.e. a door supervisor at a pub / nightclub, event or stadium) then the requirement to hold a licence is extended to include those working ‘in house’ (i.e. directly employed). Individuals undertaking licensable activity require a ‘front line’ licence; those managing, supervising and/or employing licensed individuals require a ‘non-front line’ licence. Licensing A separate SIA licence is required for each different licensable activity undertaken. These are: Cash and valuables in transit. Close protection. Door supervision. Public space surveillance (CCTV). Security. Key holding. Vehicle immobilising (not required in Scotland). Please note: A close protection licence allows a holder to work as a door supervisor or security guard. A door supervisor licence allows the holder to work as a security guard. OFFICIAL [PUBLIC] Page 239 As you can see from the list above the legislation applies to a number of different security roles but the student officer training programme will focus on the role of door supervisor as this is the main role frontline police officers will encounter. The PSNI work in partnership with SIA and routinely conduct joint operations to check compliance with the PSIA 2001. SIA staff will assist police with interviews and provide guidance on evidence gathering. Offences You will most likely encounter licensable activities of door supervision at pubs, clubs and stadia or security guarding at industrial/ commercial premises, etc. Offences likely to be committed include: Section 3(1) Engaging in licensable conduct without a licence. Section 5(1) Employing unlicensed persons in licensable conduct. This offence is not committed by the licensee but by a security company providing unlicensed staff. SIA will deal with this offence). Section 6(1) Using unlicensed vehicle immobilisers (Northern Ireland only). Section 9(4) Contravening licence conditions. Section 16(2) Falsely claiming approved contractor status. Section 19(5) Obstructing SIA officials or those with delegated authority. Section 22(1) False statements to the SIA. NB – Refer to the Act for a full description of the offences and details of exemptions. OFFICIAL [PUBLIC] Page 240 Main Police Powers Constables have a power to demand SIA licences for inspection. Door staff working at licensed premises: Must have a valid SIA licence (Section 3). Must display their SIA licence at all times (Section 9) unless it’s reported lost or stolen or in possession of SIA. Must renew their licence when it expires (Section 9). Contravention of the above is a summary offence. Police Actions once an Offence is detected The main offences which police will encounter are breaches of Section 3 and 9 which are summary offences. Once these offences are detected the individual concerned should be interviewed either by way of a notebook interview or a voluntary attender interview (PACE 10). A Section 3 offence would occur where a door supervisor is working without a valid licence or they do not have the correct type of licence for their role. A Section 9 offence occurs when conditions of the licence have been contravened such as failing to display the licence and failing to produce the licence for inspection on OFFICIAL [PUBLIC] Page 241