Part 8Offences

Drunkenness and disorderly conduct

115Disorderly 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.