Introduction
Christmas and New Years’ celebrations see an increased number of arrests for offences of being drunk and disorderly every year. You can ensure you enjoy yourself safely by learning more about how drinking alcohol can lead to an arrest below.
Generally speaking, it is not a criminal offence to consume alcohol in a public place, however the law prohibits this where being drunk causes disorderly behaviour.
In law, a public place is any place or premises which, at the time, the public have or are permitted to have access, whether for free or by payment. For example, your house will not be a public place, nor will the corridors or landings of a block of flats where access is only permitted via a key or passcode, as the general public do not have access. However a nightclub, a bar, parks, hospitals or streets will be considered public places.
In order to be drunk, the law says that alcohol must have been consumed voluntarily and the individual must not have full or proper control of their behaviour.
We have set out below some examples of common offences that generally see an upturn at this time of the year due to the increased alcohol consumption because of the festive period.
Being drunk and disorderly in a public place
Being drunk and disorderly in a public place is a criminal offence, contrary to section 91(1) Criminal Justice Act 1967, and you could be guilty of this if you are:
In a public place, and
You are drunk, and
You are causing a public disturbance.
Disorderly behaviour is not defined in law. The police can use their discretion as to whether the conduct is disorderly, but it typically involves threatening, abusive, or insulting words or behaviours. This doesn’t have to be targeted at any one person, nor does anyone necessarily need to be present for this offence to be committed. Shouting or swearing could constitute an offence under section 91(1) Criminal Justice Act 1967 if the police are satisfied that the person is drunk, in a public place, and that the behaviour is disorderly.
If you are found or plead guilty to this offence, the maximum sentence you could receive is a Band C fine, which has a starting point of 150% of relevant weekly income.
Failure to Leave Licensed Premises
Under section 143 Licensing Act 2003, a person who is drunk or disorderly commits an offence if they fail to leave a licensed premises when requested to do so by a police officer or by anyone who works at the premises. It is also an offence if, after having left, the individual who is drunk or disorderly enters or attempts to enter that same premises after having been asked not to enter.
For example, if you are asked to leave a club or a bar by the police or a member of staff, such as security staff or bartenders, you may be committing an offence if you fail to do so.
A person who is guilty of committing this offence can be given a level 1 fine, which is £200.
Driving with excess alcohol
The Road Traffic Act 1988 sets out the laws on driving where the proportion of alcohol in your breath, blood or urine exceeds the prescribed limit.
The legal alcohol limit for driving in the UK is:
The breath limit: 35 micrograms of alcohol per 100 millilitres of breath.
The blood limit: 80 milligrams of alcohol per 100 millilitres of blood.
The urine limit: 107 milligrams per 100 millilitres of urine.
The police have the power to stop any vehicle at their discretion and require the driver to undergo a breathalyser test if they believe you have been drinking alcohol. You can be arrested if the proportion of alcohol in your breath or blood exceeds the prescribed limit. Drink driving check points are often set up over the Christmas and New Year period, and you could be arrested for failing to co-operate with a preliminary test.
There are certain laws related to drink drive, contrary to section 5 of the Road Traffic Act 1988. You will be committing a criminal offence if you:
Drive or attempt to drive a motor vehicle on a road or in another public place, or
You are in charge of a motor vehicle on a road or in another public place, and
You have consumed so much alcohol that the proportion of it in your breath, blood, or urine exceeds the prescribed limit.
This offence carries a maximum sentence of six months in prison, or an unlimited fine. You are also likely to be disqualified from driving. It is however a defence to show that there was no likelihood of your driving the vehicle whilst the proportion of alcohol in your breath, blood or urine exceeds the prescribed limit.
Public Space Protection Orders
Councils can use something called ‘Public Space Protection Orders’ (PSPOs) to restrict alcohol consumption in certain public spaces where the drinking is associated with anti-social behaviours. Failing to comply with a request to stop drinking or to give up your alcohol in these areas is an offence. It is also an offence to fail to comply with a direction from the police to leave an area.
According to section 59 of the Anti-social Behaviour, Crime and Policing Act 2014, local authorities can implement a PSPO on any public place where they have reasonable grounds to believe that activities carried out, or will be carried out, in a public place have had a detrimental effect on the quality of life of those in that area. The local authority must be satisfied that these activities are, or are likely to be, persistent, unreasonable, and justify the restrictions put in place.
The PSPOs can prohibit certain things from being done in that area, such as consuming alcohol, or can require certain things to be done by those engaging in specific activities in that area, such as surrendering your alcohol or leaving the area.
These restrictions may be in place permanently, or after certain times of the day or for certain periods of time. Details of these restrictions must be published, so it should be clear what you are not allowed to do and when.
If you consume alcohol or intend to consume alcohol in breach of a PSPO, the police may require you to:
Not consume alcohol or anything which the officer reasonably believes to be alcohol, and
Surrender anything which either is, or which the officer believes to be, alcohol.
Failure to do so without reasonable excuse is a criminal offence. This offence is what is known as a ‘summary only’ offence, meaning that you would stay in the Magistrates’ Court. You could be liable on conviction to a level 2 fine, which is £500.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.