What behavior must be present for an arrest without warrant under the LLCA?

An arrest without a warrant under the Liquor Licence Control Act (LLCA) is permissible when there is a clear indication of danger to themselves or others. This principle is grounded in the need to protect public safety and prevent harm in situations where individuals may be behaving erratically or recklessly due to alcohol or substance influence.

When someone poses a danger, it is imperative to intervene to safeguard not only the individual at risk but also the wider community. The legislation allows special constables to act swiftly in such scenarios to mitigate potential harm by implementing an arrest without a warrant, thereby facilitating immediate support and ensuring the situation does not escalate further.

In contrast, while verbal threats and intoxication can indicate a concerning situation, they do not necessarily demonstrate an immediate, identifiable danger that justifies an arrest without a warrant. Possession of illegal substances, while a legal infraction, does not inherently equate to an immediate threat to safety that would justify such enforcement actions. Thus, the presence of danger to themselves or others stands as the pivotal criterion for executing an arrest under the LLCA without a warrant.