Confiscation of Alcohol (Young Persons) Act 1997

1 Confiscation of intoxicating liquor. E+W+N.I.

(1) Where a constable reasonably suspects that a person in a relevant place is in possession of [F1 alcohol] and that either—

(a) he is under the age of 18; or

(b) he intends that any of the [F2 alcohol] should be consumed by a person under the age of 18 in that or any other relevant place; or

(c) a person under the age of 18 who is, or has recently been, with him has recently consumed [F1 alcohol] in that or any other relevant place,

the constable may require him to surrender anything in his possession which is, or which the constable reasonably believes to be, [F1 alcohol] [F3 or a container for [F4 alcohol] F5 ...] and to state his name and address.

[F6 (1A) 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., and]

(2) A constable may dispose of anything surrendered to him under subsection (1) in such manner as he considers appropriate.

(3) A person who fails without reasonable excuse to comply with a requirement imposed on him under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4) A constable who imposes a requirement on a person under subsection (1) shall inform him of his suspicion and that failing without reasonable excuse to comply with a requirement imposed under that subsection is an offence.

(5) [F7 A constable may arrest without warrant a person who fails to comply with a requirement imposed on him under subsection (1).]

(6) In subsection (1)[F8 and (1A)] “relevant place”, in relation to a person, means—

(a) any public place, other than licensed premises; or

(b) any place, other than a public place, to which the person has unlawfully gained access;

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.

[F9 (7) In this section—

“alcohol”—

(a) in relation to England and Wales, has the same meaning as in the Licensing Act 2003;

(b) in relation to Northern Ireland, has the same meaning as “intoxicating liquor” in the Licensing (Northern Ireland) Order 1996; and

“licensed premises”—

(a) in relation to England and Wales, means premises which may by virtue of Part 3 or Part 5 of the Licensing Act 2003 (premises licence; permitted temporary activity) be used for the supply of alcohol within the meaning of section 14 of that Act;

(b) in relation to Northern Ireland, has the same meaning as in the Licensing (Northern Ireland) Order 1996.]

Textual Amendments

F1 Words in s. 1(1) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 115(2)(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F2 Words in s. 1(1)(b) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 115(2)(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F3 Words in s. 1(1) inserted (1.9.2001) by 2001 c. 16, s. 29; S.I. 2001/2223, art. 4(b)

F4 Words in s. 1(1) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 115(2)(c) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F5 Words in s. 1(1) repealed (10.9.2003) by Licensing Act 2003 (c. 17), ss. 155(1)(a), 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2003/2100, art. 2(a)(c)(i)

F6 S. 1(1A) inserted (10.9.2003) by Licensing Act 2003 (c. 17), ss. 155(1)(b), 201(2) (with ss. 2(3), 15(2), 195); S.I. 2003/2100, art. 2(a)

F7 S. 1(5) repealed (E.W.) (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 7 para. 33, 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(u)

F8 Words in s. 1(6) inserted (10.9.2003) by Licensing Act 2003 (c. 17), ss. 155(1)(c), 201(2) (with ss. 2(3), 15(2), 195); S.I. 2003/2100, art. 2(a)

F9 S. 1(7) substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 115(3) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Modifications etc. (not altering text)

C1 S.1 extended (with modifications) (2.12.2002.) by Police Reform Act 2002 (c.30), s. 41,{Sch. 5 para. 5}; S.I. 2002/2750, art. 2(a)(iii)

C2 S. 1 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. I para. 6; S.I. 2002/2750, art. {2(a)(ii)}