(1)Any person who in any public place is guilty, while drunk, of disorderly behaviour F1... shall be liable on summary conviction to a fine not exceeding [F2level 3 on the standard scale].
(2)The foregoing subsection shall have effect instead of any corresponding provision contained in section 12 of the M1Licensing Act 1872, section 58 of the M2Metropolitan Police Act 1839, section 37 of the M3City of London Police Act 1839, and section 29 of the M4Town Police Clauses Act 1847 (being enactments which authorise the imposition of a short term of imprisonment or of a fine not exceeding £10 or both for the corresponding offence) and instead of any corresponding provision contained in any local Act.
(3)The Secretary of State may by order repeal any provision of a local Act which appears to him to be a provision corresponding to subsection (1) of this section or to impose a liability to imprisonment for an offence of drunkenness or of being incapable while drunk.
(4)In this section “public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Textual Amendments
F1Words in s. 91(1) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 15, 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(u)
F2words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F3S. 91(5) repealed by Criminal Law Act 1977 (c. 45), Sch. 13
Modifications etc. (not altering text)
C1S. 91(1) amended by Criminal Justice Act 1972 (c. 71), s. 34
Marginal Citations