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Licensing (Scotland) Act 2005

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Changes over time for: Cross Heading: Drunkenness and disorderly conduct

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Changes and effects yet to be applied to Part 8 Crossheading Drunkenness-and-disorderly-conduct:

  • specified provision(s) Appointed Day(s) by S.S.I. 2006/239 art. 2 (This S.S.I. is revoked on 25.5.2006 by S.S.I. 2006/286, art. 6)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Drunkenness and disorderly conductS

111Drunk persons entering or in premises on which alcohol is soldS

(1)A person who, while drunk, attempts to enter any relevant premises (other than premises on which the person resides) commits an offence.

(2)A person commits an offence if the person, while drunk—

(a)is on any relevant premises, and

(b)is incapable of taking care of himself or herself.

(3)A constable may arrest without warrant any person committing an offence under this section.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

112Obtaining of alcohol by or for a drunk personS

(1)A person who, on any relevant premises, obtains or attempts to obtain alcohol for consumption on the premises by a person who is drunk commits an offence.

(2)A person who, on any relevant premises, helps a person who is drunk to obtain or consume alcohol on the premises commits an offence.

(3)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

113Sale of alcohol to a drunk personS

(1)Any responsible person who, on any relevant premises, sells alcohol to a person who is drunk commits an offence.

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

114Premises manager, staff etc. not to be drunkS

(1)Any responsible person in relation to any relevant premises who is drunk while on the premises commits an offence.

(2)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

115Disorderly conductS

(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.

116Refusal to leave premisesS

(1)A person on any relevant premises who—

(a)behaves in a disorderly manner, and

(b)refuses or fails to leave the premises on being asked to do so by a responsible person or a constable,

commits an offence.

(2)A person on any relevant premises who, after the end of any period of licensed hours, refuses or fails to leave the premises on being asked to do so by a responsible person or a constable commits an offence.

(3)Where a person refuses or fails to leave any relevant premises as mentioned in subsection (1) or (2), an authorised person may—

(a)remove the person from the premises, and

(b)if necessary for that purpose, use reasonable force.

(4)A constable must, if—

(a)asked by an authorised person to assist in exercising a power conferred by subsection (3), and

(b)the constable reasonably suspects the person to be removed of having refused or failed to leave as mentioned in subsection (1) or (2),

provide the assistance asked for.

(5)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)In this section, “authorised person” means, in relation to any relevant premises, any of the following persons, namely—

(a)a responsible person, and

(b)any other person who—

(i)works on the premises, and

(ii)is authorised by a responsible person for the purposes of this section.

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