Part IV Offences, Powers of Constables, etc.
Offences of annoying, offensive, obstructive or dangerous behaviour
50 Drunkenness.
1
Any person who, while not in the care or protection of a suitable person, is, in a public place, drunk and incapable of taking care of himself shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding F1level 2 on the standard scale.
2
Any person who is drunk in a public place while in charge of a child under the age of 10 shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding F1level 2 on the standard scale.
3
For the purposes of subsection (2) above, if a child appears to the court to be under the age of 10, the child shall be deemed to be under that age unless the contrary is proved.
4
A constable may arrest a person for contravening subsection (2) above if he has reasonable cause to believe that the child in the charge of that person is under the age of 10.
5
Any person who is drunk in a public place while in possession of a firearm (including a crossbow, airgun, air rifle or air pistol) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding F1level 2 on the standard scale.
6
In this section, “public place” has the same meaning as in section 133 of this Act but includes—
a
any place to which at the material time the public are permitted to have access, whether on payment or otherwise; and
b
any public conveyance other than a taxi or hire car within the meaning of section 23 of this Act.