law4all

Being drunk

Where do you stand if you're legless? Here is a summary of all the laws you need to know before you teeter home singing at the top of your voice.

1872 The Licensing Act

Under this law, you can be done for two different types of drunken behaviour:

• Simple drunkenness: This is a broad offence that can apply if you're half cut on a public highway (i.e. the street), a public place or even licensed premises. As a reflection of its age, however, the 1872 Licensing Act is particularly tough on drunks in charge of a bicycle, pigs, sheep, cattle and/or a steam engine.
• Drunkenness with aggravation: If you're drunk but happy then chances are you won't cross with the law. Problems only kick in when you're smashed with an attitude. Legally-speaking, you can be charged for drunkenness with aggravation by refusing to leave a licensed premises when requested, and for being drunk and disorderly - a broad term and one that is most often called upon when it comes to nicking nasty inebriates.

1903 Licensing (Scotland) Act

Similar measure for Scotland, which makes it an offence to be 'drunk and incapable'. In 1980, The Criminal Justice (Scotland) Act increased the penalties for drunk-related offences.

1964 Licensing Act

Establishes the responsibility and authority of your local pub landlord. By law, the licensee is not permitted to serve a drunken customer, or permit them on the premises. In practice, it means they can refuse to serve you if you're smashed, or kick you out and even bar you. It also outlaws anyone under 18 from working behind the bar, as well as the sale of drink 'outside permitted hours' i.e. during a lock-in.

1997 Confiscation of Alcohol (Young Persons) Act

If you're under 18, and boozing in public, the police have the right to take away your alcohol and notify your parents.

1985 Sporting Events (Control of Alcohol) Act

Outlaws the possession/consumption of booze at specific sporting events, as well as public transport vehicles (coaches/trains etc) travelling to and from such events.

2001 Criminal Justice and Police Act

This recent Act brings in a raft of police powers, designed to combat street crime. Booze-wise, it means on-the-spot penalties for offences such as public drunkenness and attempting to buy alcohol when you're under-age.