Licensing (Scotland) Act 2005

115 Disorderly conduct

(1) A person on relevant premises who, while drunk—

(a) behaves in a disorderly manner, or

(b) uses obscene or indecent language to the annoyance of any person,

commits an offence.

(2) Any responsible person in relation any relevant premises who allows—

(a) a breach of the peace,

(b) drunkenness, or

(c) other disorderly conduct,

to take place on the premises commits an offence.

(3) It is a defence for a person charged with an offence under subsection (2) (“the accused”) to prove—

(a) that the accused, or an employee or agent of the accused, took all reasonable precautions and exercised due diligence not to commit the offence, or

(b) that there were no lawful and reasonably practicable means by which the accused could prevent the conduct giving rise to the offence.

(4) A person guilty of an offence under subsection (1)(a) is liable on summary conviction to—

(a) a fine not exceeding level 3 on the standard scale,

(b) imprisonment for a term not exceeding 60 days, or

(c) both.

(5) A person guilty of an offence under subsection (1)(b) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.