An Act to amend the Law relating to the Sale of Intoxicating Liquors and to Drunkenness . . .F1
[8th August 1902]
Textual Amendments
F1Words omitted under authority of Statute Law Revision Act 1927 (c. 42)
If a person is found drunk in any highway or other public place, whether a building or not, or on any licensed premises, and appears to be incapable of taking care of himself, he may be apprehended and dealt with according to law.
(1)If any person is found drunk in any highway or other public place, whether a building or not, or on any licensed premises, while having the charge of a child apparently under the age of seven years, he may be apprehended, and shall, if the child is under that age, be liable, on summary conviction, to a fine not exceeding [F2level 2 on the standard scale], or to imprisonment, . . . F3 for any period not exceeding one month.
(2)If the child appears to the court to be under the age of seven, the child shall, for the purposes of this section, be deemed to be under that age unless the contrary is proved.
(3)The offence under this section shall be included in the list of offences mentioned in the First Schedule to the M1Inebriates Act 1898, . . . F3
Textual Amendments
F2Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F3Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. II
Marginal Citations
Textual Amendments
F4S. 3 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. II
Textual Amendments
F5Ss. 4, 9—21, 23—32 repealed by Licensing (Consolidation) Act 1910 (c. 24), Sch. 7
Textual Amendments
(1)[F7Where a person is convicted of an offence mentioned in the First Schedule to the M2Inebriates Act 1898 and such person has, during the period of twelve months immediately preceding the date of the offence, been convicted on three occasions of an offence mentioned in the said Schedule, the court may] order that notice of the conviction, with such particulars as may be prescribed by a Secretary of State, be sent to the police authority (within the meaning of the [F8M3Police Act 1890]) for the police area in which the court is situate.
(2)Where a court, in pursuance of this Act, orders notice of a conviction to be sent to a police authority, the court shall inform the convicted person that the notice is to be so sent; and
(a)if the convicted person, within three years after the date of the conviction, purchases or obtains, or attempts to purchase or obtain, any intoxicating liquor at any premises licensed for the sale of intoxicating liquor by retail, or at the premises of any club registered in pursuance of the provisions of Part III. of this Act, he shall be liable, on summary conviction, to a fine not exceeding, for the first offence, [F9level 1 on the standard scale], and, for any subsequent offence, [F9level 1 on the standard scale]; and
(b)if the holder of any licence authorising the sale of intoxicating liquor by retail, whether for consumption on or off the premises, or any person selling, supplying or distributing intoxicating liquor, or authorising such sale, supply or distribution, on the premises of a club registered in conformity with the provisions of Part III. of this Act, within that period knowingly sells, supplies or distributes, or allows any person to sell, supply or distribute, intoxicating liquor to, or for the consumption of, any such person, he shall be liable, on summary conviction, for the first offence, to a fine not exceeding [F10£25], and, for any subsequent offence in respect of the same person, to a fine not exceeding [F10£50].
(3)Regulations shall be made by the police authority for the purpose of securing the giving of information to licensed persons, and secretaries of clubs registered under Part III. of this Act, of orders made under this section, and for assisting in the identification of the convicted persons.
Textual Amendments
F7Words substituted by Statute Law (Repeals) Act 1976 (c. 16), Sch. 2 Pt. I
F8Words substituted by virtue of Police Act 1964 (c. 48), s. 64(6), which provides that where any provision is made by that Act corresponding to any enactment repealed by s. 64 any regulation, order, rule, appointment made, and any other thing done, under that enactment shall have effect as if it was made under that provision.
F9Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F10Words substituted by virtue of Criminal Law Act 1977 (c. 45), s. 31(5)(6)(7)(9)
Modifications etc. (not altering text)
C1S. 6 amended by Licensing Act 1964 (c. 26), s. 195
C2Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E. W. )
Marginal Citations
M31890 (53 & 54 Vict.) c. 45
Textual Amendments
F11S. 7 repealed by Licensing Act 1953 (c. 46), Sch. 10
For the purposes of section twelve of the M4Licensing Act 1872, and of sections one and two of this Act, the expression “public place” shall include any place to which the public have access, whether on payment or otherwise.
Marginal Citations
Textual Amendments
F12Ss. 4, 9—21, 23—32 repealed by Licensing (Consolidation) Act 1910 (c. 24), Sch. 7
Textual Amendments
F14Ss. 4, 9—21, 23—32 repealed by Licensing (Consolidation) Act 1910 (c. 24), Sch. 7
(1)This Act may be cited as the Licensing Act 1902, and may be cited, and shall be construed, as one with the Licensing Acts 1828 to 1886.
(2)This Act shall not extend to Scotland or Ireland.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
Textual Amendments
Modifications etc. (not altering text)
C3Unreliable marginal note
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