HC Deb 15 October 2003 vol 411 cc265-6W
Bob Spink

To ask the Secretary of State for the Home Department (1) what advice has been given to the police regarding the confiscation of unopened containers of alcohol from underage drinkers following the reintroduction of regulations under the Licensing Act 2003; [131561]

(2) how police should dispose of unopened containers of alcohol confiscated from underage drinkers, following re-introduction of regulations under the Licensing Act 2003. [131691]

Ms Blears

Section 155 of the Licensing Act 2003 came into force on 10 September 2003. It extended existing police powers relating to the confiscation of alcohol from people who are drinking and causing nuisance in public places, allowing for the confiscation of sealed containers in addition to opened containers, in defined circumstances.

Home Office Circular 45/2003 issued to police forces on 10 September 2003 sets out the details of how they should apply the new powers. The Circular updates Home Office Circular 38/1997 which explains that a constable can dispose of any alcoholic drink surrendered to him in such a manner as he considers appropriate. In most instances, this is likely to involve immediately pouring the drink away. In some cases it may be more appropriate to remove the drink from the scene and dispose of it later.

Home Office Circulars can currently be obtained from the website: http://www.knowledgenetwork.gov.uk/ho/circular.nsf/ViewTemplate%20For%20HOCirculars Web?OpenForm