Licensing Act 1902 (c. 28)

Part I E+W Amendment of Law as to Drunkenness

2 Penalty for being drunk while in charge of child. E+W

(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 F1 ... shall, if the child is under that age, be liable, on summary conviction, to a fine not exceeding [F2 level 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 M1 Inebriates Act 1898, . . . F3

Textual Amendments

F1 Words in s. 2(1) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 10(3), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(u)

F2 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F3 Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. II

Marginal Citations

M1 1898 c. 60.