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Alcohol confiscation SouthEastern

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DeverseSam

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The pic below is from tiktok where the the staff member is confiscating unopened alcohol bottles from teenage passengers.

Is this acceptable? Are there any "dry trains” on the SouthEastern network?

Edit: As requested, here is a link: https://vm.tiktok.com/ZN8JVErGT/

The video shows two female passengers having unopened alcohol bottles confiscated by two men in SouthEastern uniform on a train that shows Folkestone West on the display. A male passenger is filming and narrating the situation
 

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SCDR_WMR

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Of course it's acceptable. It's up to the TOC whether they operate dry trains, though these should really be advertised and announcements made onboard.

LNR used to have dry trains after 9pm on Friday and Saturday on the Birmingham - Liverpool services due to excessive antisocial behaviour. This has stopped in the most part, but there is a difference in the amount of alcohol being consumed on those services now, for the better.
 

800001

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Of course it's acceptable. It's up to the TOC whether they operate dry trains, though these should really be advertised and announcements made onboard.

LNR used to have dry trains after 9pm on Friday and Saturday on the Birmingham - Liverpool services due to excessive antisocial behaviour. This has stopped in the most part, but there is a difference in the amount of alcohol being consumed on those services now, for the better.
And of course the above is one picture of an event on a train, now what actually happened prior to the confiscation of alcohol.

As always not a full picture of what happened.
 

rmHawk765

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Well I'm sure they have full rights to confiscate alcohol from teenagers i.e those that are under 18...

And without even considering that there could've been an all manner of circumstances, e.g anti-social behaviour under which it is no longer relevant whether drinking is strictly forbidden or not.
 

speedy1

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That's a still - we don't have the full story.

But in principle yup absolutely support staff on board preventing and dealing with any anti social behaviour. The public need reigning in - they confuse the train with their living room most of the time
 

AlterEgo

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The pic below is from tiktok where the the staff member is confiscating unopened alcohol bottles from teenage passengers.

Is this acceptable? Are there any "dry trains” on the SouthEastern network?
What age are they and on what grounds are they being confiscated?
 

800001

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The pic below is from tiktok where the the staff member is confiscating unopened alcohol bottles from teenage passengers.

Is this acceptable? Are there any "dry trains” on the SouthEastern network?
Can you share the TikTok so people here can see more of what happened
 

DeverseSam

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Can you share the TikTok so people here can see more of what happened
I’m not sure of the rules on posting links to videos and giving descriptions but the account is mrwhippybexley

== Doublepost prevention - post automatically merged: ==

What age are they and on what grounds are they being confiscated?
The comment say 18+ and the grounds are unclear

== Doublepost prevention - post automatically merged: ==

Well I'm sure they have full rights to confiscate alcohol from teenagers i.e those that are under 18...
But a teenager going to a houseparty is allowed to drink when under 18 and take bottles to such a party..
 

londonteacher

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Video

== Doublepost prevention - post automatically merged: ==

The comments on the video suggest that they had a child’s ticket when they were inspected and subsequently had alcohol.

If they are railway staff they do not have the legal authority to seize alcohol. However, they can ask you to hand it over or dispose of it. They could refuse travel and/or ask you to leave.

If they are BTP or PCSOs then they have the legal right to confiscate.
 

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Horizon22

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But a teenager going to a houseparty is allowed to drink when under 18 and take bottles to such a party..

I presume you're including that as "private spaces" at home but that doesn't quite feel like the same spirit (pardon the pun) of the law.

In the video (only a short clip) they didn't really put up much of a fuss which I would imagine if they were over 18, they'd probably have quite rapidly complained and shown their ID.

== Doublepost prevention - post automatically merged: ==

The comments on the video suggest that they had a child’s ticket when they were inspected and subsequently had alcohol.

Well you can't have it both ways I guess!
 

Trackman

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If they are railway staff they do not have the legal authority to seize alcohol. However, they can ask you to hand it over or dispose of it. They could refuse travel and/or ask you to leave.
A grey area this.
I suppose if they surrender the alcohol rather than kicking up a fuss rather and wrestle with the RPIs, it looks all above board.
 

DeverseSam

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A grey area this.
I suppose if they surrender the alcohol rather than kicking up a fuss rather and wrestle with the RPIs, it looks all above board.
On this occasion, the unopened red bottle of Hooch is being held away from the officer to prevent him taking it, and he seizes it anyway.
 

styles

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I'll be honest, they don't look 18 (though that is why it's Challenge 25 not Challenge 18!)

I'm not sure on the legal position - presumably it depends on whether it's a dry service etc as well. My guess is that if it was confiscated outwith the rules then they could in theory claim for the cost of it back if nothing else. But given they appear to been under age, and it's a bottle of alcopop rather than a litre of premium gin, I imagine this is going nowhere.
 

norbitonflyer

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Not sure how the law applies to under 18s actually drinking alocohol in public, but if these bottles were unopened as stated no offence was being committed. The staff do not have the righht to confiscate your property . That is simply theft.

If the Police confiscate your property, they have to keep it safely until a court decides what to do with it. This applies to photographic images as much as anything esle. Ordering you to delete an image is destruction of your property and may, if a crime is alleged, also be destroying evidence.
 
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styles

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Not sure how the law applies to under 18s actually drinking alocohol in public, but if these bottles were unopened as stated no offence was being committed. The staff have no right to confiscate your property. That is simply theft.
If there's any authority related to it I expect it'll be in the bylaws.
 

gray1404

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This looks like theft to me. Unopened bottles of alcohol and not their property. Has Southeastern been approached for comment on this?
 

yorkie

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Has anyone got a copy of the transcript of what was said?

== Doublepost prevention - post automatically merged: ==

This looks like theft to me. Unopened bottles of alcohol and not their property. Has Southeastern been approached for comment on this?
Maybe, but an alternative could have been a prosecution for having a child ticket!

I can't see/hear what was said, what options were given, so it's difficult to say.

That said, those in authority should behave appropriately, and provide choices e.g. either you can hand over the alcohol, or you must leave the train at the next station and/or issue a penalty fare / report for prosecution etc. I suspect if given such a choice, they would readily hand over the alcohol!
 

ox_chap

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Presumably the issue of “unopened”, and whether that allows confiscation, in most circumstances is to enable someone to bring home their shopping (which might include, say, a bottle of wine) on dry services or dry metro systems.
 

800001

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Without seeing what happened prior and after this short clip, you would hope/assume that the Southeastern staff were according in accordance with the role eg what SE authorise them to do.

We don't know if the police were called to meet the train and for the individuals to be dealt with, we don't know the age of the people etc etc

As always with these short clips, one short part of the 'story' is shown, but the most important pieces are missing.

What's does the Railway Byelaws state about removal of alcohol from people?
 

speedy1

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Watched the heavily edited video and I don't agree with the OP's assertion that "The video shows ... alcohol bottles confiscated". It looks to me like they're being relinquished.

Anyway, load of boring drama.
 

Lucan

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So I can't use a train to return from shopping if I have bought any bottles of beer? New one on me.
 

AlterEgo

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The video does not provide enough evidence to show the context of what was going on, really.
 

yorkie

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So I can't use a train to return from shopping if I have bought any bottles of beer? New one on me.
If you aren't on a child ticket, the situation in the video isn't applicable to you

If you are referring to 'dry' trains/stations, then it depends on what the restrictions are.
 

SCDR_WMR

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Has anyone got a copy of the transcript of what was said?

== Doublepost prevention - post automatically merged: ==


Maybe, but an alternative could have been a prosecution for having a child ticket!

I can't see/hear what was said, what options were given, so it's difficult to say.

That said, those in authority should behave appropriately, and provide choices e.g. either you can hand over the alcohol, or you must leave the train at the next station and/or issue a penalty fare / report for prosecution etc. I suspect if given such a choice, they would readily hand over the alcohol!
Precisely. I have often come across passengers of questionable age with child tickets. When I catch them with alcohol, be that consuming or otherwise, or smoking in any form it's quite easy to suggest to them that either they're children with adult materials that I will be removing from them. Or they're adults committed deliberate ticket fraud by traveling on an age specific ticket.

I don't mind which way it goes, unless they are clearly way underage, and I've never had an issue doing so.
 

norbitonflyer

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If you aren't on a child ticket, the situation in the video isn't applicable to you

Precisely. I have often come across passengers of questionable age with child tickets. When I catch them with alcohol, be that consuming or otherwise, or smoking in any form it's quite easy to suggest to them that either they're children with adult materials that I will be removing from them. Or they're adults committed deliberate ticket fraud by traveling on an age specific ticket.

I don't mind which way it goes, unless they are clearly way underage, and I've never had an issue doing so.
Why would using a child ticket affect what luggage or personal possessions you take with you? It is not illegal for a minor to be in possesion of alcohol or smoking materials.
Or are you suggesting that a 15 year old travelling to visit her Auntie Flo can't take a bottle of dad's home-made wine with her?

Consuming alcohol might be a different situation - it depends who bought it. Certainly legal for a 14 16 year old to have alcohol on licenced premises with a meal, so that would include a railway restaurant car. (Of course smoking is not permitted on any NR train)

This isn't the USA you know.
 
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yorkie

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Watched the heavily edited video and I don't agree with the OP's assertion that "The video shows ... alcohol bottles confiscated". It looks to me like they're being relinquished.
Thanks for confirming.

Why would using a child ticket affect what luggage or personal possessions you take with you? It is not illegal for a minor to be in possesion of alcohol.
Please read what I actually said, i.e. the situation* that is being referred to in the opening post is different to the scenario introduced in post #23.

It's not clear to me if post #23 is relating to the matter for which this thread is discussing, or if it's discussing something else, as there is no context (or quote) provided.

(* If you are suggesting that the individuals were legitimately on their way home from purchasing their shopping including beer, then that seems to be a different interpreation of the video than others; but in any case, see quote below)

Or are you suggesting that a 15 year old travelling to visit her Auntie Flo can't take a bottle of dad's home-made wine with her?
According to the following legislation, it can be confiscated:

(1)Where a constable reasonably suspects that a person in a relevant place is in possession of [F1alcohol] and that either—

(a)he is under the age of 18; or

(b)he intends that any of the [F2alcohol] 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 [F1alcohol] in that or any other relevant place,

the constable may require him to surrender anything in his possession which is, or which the constable reasonably believes to be, [F1alcohol] [F3or a container for [F4alcohol] F5...] F6....
A relevant place would seem to include a train, railway station etc:
In subsection (1) F12... “relevant place”, in relation to a person, means—

(a)any public place, other than licensed premises; or

(b)any place, other than a public place, to which the person has unlawfully gained access;

and for this purpose a place is a public place if at the material time the public or any section of the public has access to it, on payment or otherwise, as of right or by virtue of express or implied permission.
In practice, if it was covered up within in a suitable container (which is clearly not the situation as described in this thread), then unless there is some suspicious activity going on, there would be absolutely no issue.
This isn't the USA you know.
This is strawman argument; I never said it was.
 

fandroid

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The only blanket alcohol restriction I am aware of is that opened containers of alcohol cannot be carried on London Underground trains. A mayor Johnson initiative, I believe.
 

nickswift99

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Thanks for confirming.


Please read what I actually said, i.e. the situation* that is being referred to in the opening post is different to the scenario introduced in post #23.

It's not clear to me if post #23 is relating to the matter for which this thread is discussing, or if it's discussing something else, as there is no context (or quote) provided.

(* If you are suggesting that the individuals were legitimately on their way home from purchasing their shopping including beer, then that seems to be a different interpreation of the video than others; but in any case, see quote below)


According to the following legislation, it can be confiscated:


A relevant place would seem to include a train, railway station etc:

In practice, if it was covered up within in a suitable container (which is clearly not the situation as described in this thread), then unless there is some suspicious activity going on, there would be absolutely no issue.

This is strawman argument; I never said it was.
Yes, but only by a constable. The whole point of this thread is that the confiscation occurred by those who were not constables.
 
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