Question 2
Sarah has chosen to bring a bottle of wine to a designated sporting event, in doing so she has committed numerous of offences each of which I have listed below.
As Sarah had wine in her possession upon entering the horseshow she has committed an offence as listed in 2 – offences in connection with alcohol, containers etc. at sporting grounds. A person is said to have committed an offence when the following apply.
Section (1) (b) “while entering a designated sports ground at any time during the period of the event”. A person who has intoxicating liquor or an article to which this section applies in his/her possession – (a) at any time during the period of the sporting event whereas he/her is in any area of the designated sports ground from which the event may be viewed. Sarah intended to consume the alcohol at the horseshow whilst still in the vicinity of the sports ground.
Sarah is also subject to Section (3) – this section applies to any article capable of causing injury to a person being struck by it being (a) a bottle, can or other portable container. (Such an article when crushed or broken which (i) is for holding a drink and (ii) is a kind of which when empty is returned or to be recovered by the supplier.
Kim has not committed an offence as she has a medicinal product, which is exempt as listed in 2 section 3 (b) a product, which holds any medicinal product, thus (3) (a) would not apply.
Question 3
As Devon chose to drink his cider in the car and as a result became intoxicated, upon entering the football ground he has committed the following offence (2) “A person who is drunk in a designated sports ground at any time or is drunk while entering or trying to enter such a ground at any time during the period of a designated sporting event is guilty of an offence”.
As he places the empty cider bottle in his bag he falls subject to 2 – section (3) “any article capable of causing injury to a person struck by it, being – (a) a bottle, can or other portable container which (i) is for holding any drink and (ii) is the kind which, when empty is normally discarded or returned to the supplier”.
He therefor should not have become intoxicated and should have appropriately discarded of the bottle before he entered the football stadium.
In doing so he committed 2 offences.
Whilst Marsha did not consume her alcohol in the car nor did she become intoxicated before she entered the football stadium she did knowingly enter the stadium with alcohol in her possession. She therefore committed the following offence: 2 – (1) “A person who has intoxicating liquor in his/her possession” (b) “while entering a designated sports ground at any time during the period of the sporting event.”
She should have also removed the bottle from her bag if she intended not to drink it in the stadium. In keeping it but not drinking it she falls subject to section (3) (a) “a bottle, can or other portable container capable of causing injury” She would be found guilty of the offence.
Eric and Devon both chose to drink Marsha’s cider during the football game and in doing so have committed yet another offence.
As they both drank the cider during and in direct view of the game they have broken and committed the following offence. 2 – Section (1)(a) “at any time during the period of a designated sporting event when he is in any area of the sports ground which the event may be directly viewed.”
Devon whilst he may be drunk has not committed an offence, as going to an athlete’s stadium while drunk is not illegal. They are not required to pay any admittance and the athletes are not competing for anything other than a reward. As defined here 9 –interpretation:
(6) This act does not apply to any sporting event (a) Where all competitors are to take part otherwise than for a reward and (b) where spectators are admitted free of charge.
It is worth noting that while offences were committed Marsha, Devon and Eric upon entering the stadium are not liable as they entered the football ground one hour before the designated period, Defined in 9 interpretation (1) and (4). All others after this time are committing an offence if applicable.
Conclusion
Here I have explored and answered each of the questions presented to me and have used the relevant information and acts to provide a relevant and clear answer.
Bibliography
• W100 assessment guide part 1
• Question 1, Box 1, Extract from the sporting events (control of alcohol etc.) Act 1985, 1985 chapter 57
• Question 1, Offences in connection with alcohol on coaches and trains
• Question 2, Box 2, Extract from the sporting events (control of alcohol etc.) Act 1985 2 offences in connection with alcohol, containers etc. at sports events
• Box 3, Extract from the sporting events (control of alcohol etc.) Act 1985 9 Interpretation.
Word Count: 998 Excluding bibliography
