5.1 Confiscation of alcohol from young people
It is not unusual to come across under 18 year olds drinking in public places, such as playing fields, parks, outside community buildings and in the street. Dealing with the problem can be time-consuming for the police and sometimes a precursor to wider issues. Complaints from local residents about late-night noise, littering, minor criminal damage and broken glass in children’s play areas often lead to the police being tied up dealing with underage drinking issues for long periods of time.
Key law: 1(1) Confiscation of Alcohol (Young Persons) Act 1997
The definition for the offence is provided below. It should be noted that although the legislation uses ‘constable’, the power is exercisable by either a constable or duly authorised PCSO.
Where a constable [or PCSO] reasonably suspects that a person in a relevant place is in possession of alcohol and that either—
- a.he is under the age of 18; or
- b.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
- c.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 [or PCSO] may require him to surrender anything in his possession which is, or which the constable [or PCSO] reasonably believes to be, alcohol or a container for alcohol.
(Confiscation of Alcohol (Young Persons) Act 1997)
In the first instance, a PCSO has the power to request a person’s name and address in relation to Section 1(1AA) of the Confiscation of Alcohol (Young Persons) Act 1997, and it is an offence if the person does not give this information.
In respect of the confiscation of alcohol, PCSOs have the power to dispose of the alcohol and container in an appropriate manner.