'Catching Drunks'- A New Type of Enforcement Campaign

October 2007

The word is out - selected Police forces will be starting a campaign sanctioned by the Home Office in licensed premises targeted against those premises who are making sales of alcohol to ‘drunks’.

This campaign, initially known as 'Catching Drunks', will commence in November and will involve undercover officers observing in licensed premises.

We are watching this with much interest. There is no statutory definition for ‘drunk’, so it will be an area of hot debate. One dictionary definition of drunk is ‘intoxicated with alcoholic liquor to the point of impairment of physical and mental faculties’.

The difficulty is that it is impossible for those retailing alcohol to quantify the amount of alcohol a person has consumed, or the effect of that alcohol has had on the person, other than on a subjective assessment. Most people are aware of the exhibitors - for example slurred speech, poor coordination, aggression, high emotions, but it will be very interesting to see how the level of intoxication is assessed and proved.

We all know people who are significantly affected by a small quantity of alcohol and vice versa, so the volume consumed while useful, will not be a reliable way to monitor whether the person is ‘drunk’ or not.

Off licences and supermarkets may also be targeted.

Staff training and training materials should include written policies on how to assess whether a person is intoxicated, the level of intoxication that will disqualify that person from buying more alcohol, and what to do when alcohol is refused. It is an offence if anyone who is refused alcohol, fails to leave licensed premises when requested to do so.

There are a number of offences in the Licensing Act which may be relevant:

• Allowing disorderly conduct on licensed premises

• Sale of alcohol to a person who is drunk – whether direct selling or allowing the sale – and can be committed by the person selling, the Designated Premises Supervisor and the premises licence holder

• Obtaining alcohol for a person who is drunk

• Failure by person who may be drunk or disorderly to leave licensed premises on request and without reasonable excuse

If we can assist you in either advising further on the detail of the law and penalties, or advising on the adequacy of your existing due diligence and training, please do not hesitate to contact our Regulatory and Compliance Department.

 

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