Alcohol and Tobacco

When can alcohol and tabacco be confiscated?

Police officers and police community support officers (PCSOs) and accredited persons have the power to confiscate alcohol from young persons under 18 and cigarettes and tobacco products from under-age smokers. PCSOs and accredited persons can be given these powers under the Police Reform Act 2002.

Section 12 (2)(b) of the Criminal Justice and Police Act 2001gives the police, PCSOs and accredited persons powers to confiscate alcohol from people who are consuming or intend to consume alcohol in a public place to which drinking restrictions apply. (See section on Designated Public Place Order).

Consuming alcohol in a designated public place, contrary to requirement by constable not to do so is an offence. If the person refuses to surrender their alcohol they can be prosecuted or the officer can issue a penalty notice for disorder of £50. Penalty notices for this offence have been extended to young people aged 16-17 since 20th January 2004 as part of the penalty notice for disorder scheme. For more information see our section on Penalty Notices.

The confiscation of alcohol from young people is permitted by Section 1 of the Confiscation of Alcohol (Young Person's) Act 1997 (as amended). Alcohol may be confiscated when in an unsealed or sealed container. Section 155 of the Licensing Act 2003, removes references to ‘other than in a sealed container’ in previous legislation and adds that alcohol in a sealed container can be confiscated ‘providing that the officer reasonably believes that the person is, or has been consuming, or intends to consume, alcohol’.

The power to confiscate cigarettes and tobacco products is derived from the Children and Young Person's Act 1933.

Further Information

You can obtain further information from the following:

ASB Unit, Blyth Valley Housing, Dinsdale House, 75 Marine Terrace, Blyth NE24 2LN.

Telephone: ASB Unit Hotline 01670 542060

RNID Typetalk service prefix number 18001

EMail: Anti-Social Behaviour Unit