Part 8Offences
Drunkenness and disorderly conduct
111Drunk persons entering or in premises on which alcohol is sold
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 person
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 person
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 drunk
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 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.
116Refusal to leave premises
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.