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Licensing Act 1872 is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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An Act for Regulating the Sale of Intoxicating Liquors.
[10th August 1872]
Modifications etc. (not altering text)
C1Preamble omitted under authority of Statute Law Revision (No. 2) Act 1893 (c. 54)
C2Act repealed (N. I. ) by S. I. 1980/704 (N. I. 6), art. 13, Sch. 2
This Act may be cited as “The Licensing Act 1872.”
This Act shall not extend to Scotland.
Textual Amendments
Every person found drunk in any highway or other public place, whether a building or not, or on any licensed premises, shall be liable to a penalty not exceeding [F2level 1 on the standard scale], and on a second conviction within a period of twelve months shall be liable to a penalty not exceeding [F2level 1 on the standard scale], and on a third or subsequent conviction within such period of twelve months be liable to a penalty not exceeding [F2level 1 on the standard scale].
Every person . . . F3 who is drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam engine, or who is drunk when in possession of any loaded firearms, F4... shall be liable to a penalty not exceeding forty shillings, or in the discretion of the court to imprisonment . . . F5 for any term not exceeding one month.
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Textual Amendments
F2Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F3Words repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F4Words in s. 12 repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8)(8), Sch. 7 para. 6, Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(u)
F5Words repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5)
Modifications etc. (not altering text)
C3S. 12 extended by Licensing Act 1902 (c. 28), s. 8 and Licensing Act 1964 (c. 26), s. 200(2); amended by Criminal Justice Administration Act 1914 (c. 58), s. 38, Penalties for Drunkenness Act 1962 (c. 52), s. 1(1)(b), (2)(b), Licensing Act 1964 (c. 26), s. 195
C4S. 12 excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 5
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F11Ss. 27, 28, 46 repealed by Licensing Act 1961 (c. 61), Sch. 9 Pt. I
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F17Ss. 27, 28, 46 repealed by Licensing Act 1961 (c. 61), Sch. 9 Pt. I
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Modifications etc. (not altering text)
C5Act repealed (N. I. ) by S. I. 1980/704 (N. I. 6), art. 13, Sch. 2
Textual Amendments
The preceding provisions of this Act with respect to offences against public order shall extend to Ireland.
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Textual Amendments
F21S. 77, except words printed, repealed by Licensing Act (Northern Ireland) 1971 (c. 13), Sch. 12 Pt. I
Modifications etc. (not altering text)
C6Unreliable marginal note
C7Reference to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298; 1923, p. 400), art. 2
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Textual Amendments
F24Sch. 2 repealed by Statute Law Revision Act 1883 (c. 39)
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