Section 61 Confiscation of alcohol from persons under 18.

Scotland

(1)

Where a constable has reasonable grounds for suspecting that a person in a public place—

(a)

is under the age of 18; and

(b)

is in possession of F1alcohol, within the meaning of the M1Licensing (Scotland) Act 1976,

he may require that person to surrender F2the alcohol to him, and may dispose of it in such manner as he considers appropriate; and he may also require that person to supply him with his name and address.

(2)

Where a constable has reasonable grounds for suspecting that a person of or over the age of 18 has F3alcohol in his possession in a public place and that that person—

(a)

has supplied such F4alcohol to a person under the age of 18 for consumption in a public place; or

(b)

intends that that alcohol should be consumed in a public place by a person under the age of 18,

the constable may require the person in possession of the alcohol to surrender it to him, and may dispose of it in such manner as he considers appropriate; and he may also require that person to supply him with his name and address.

(3)

Subject to subsection (4) below, it shall be an offence punishable on summary conviction by a fine not exceeding level 2 on the standard scale for a person to fail to comply with a requirement made under subsection (1) or (2) above.

(4)

Where a constable makes a requirement such as is mentioned in subsection (1) or (2) above he shall inform the person concerned—

(a)

of his suspicion; and

(b)

of the fact that failure to comply with a requirement made under either of those provisions is an offence.

F5(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

In this section “public place” includes—

(a)

any place to which the public have access for the time being (whether on payment of a fee or otherwise); and

(b)

any place to which the public do not have access but to which the persons mentioned in subsection (1) or (2) have unlawfully gained access,

but does not include licensed premises within the meaning of the Licensing (Scotland) Act F62005 (asp 16).

F7(7)

In this section, “ alcohol ” has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 16).

Annotations

Textual amendments

F1: Word in s. 61(1)(b) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), Sch. 6 para. 8(2)(a) (with s. 143); S.S.I. 2007/472, art. 3
F2: Words in s. 61(1) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), Sch. 6 para. 8(2)(b) (with s. 143); S.S.I. 2007/472, art. 3
F3: Word in s. 61(2) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), Sch. 6 para. 8(3)(a) (with s. 143); S.S.I. 2007/472, art. 3
F4: Word in s. 61(2) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), Sch. 6 para. 8(3)(b) (with s. 143); S.S.I. 2007/472, art. 3
F5: S. 61(5) repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 14; S.S.I. 2017/345, art. 3, sch.
F6: Words in s. 61(6) substituted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), Sch. 6 para. 8(4) (with s. 143); S.S.I. 2007/472, art. 3
F7: S. 61(7) inserted (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), s. 150(2), Sch. 6 para. 8(5) (with s. 143); S.S.I. 2007/472, art. 3

Marginal citations

M1: 1976 c.66.