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Drunk and incapable in a public place

s.12Licensing Act 1872

Being found drunk on a highway or in another public place, or on licensed premises.

Drunk and incapable in a public place · Licensing Act 1872, s.12Card 46 / 85

Points to prove

Was found
Drunk
In any highway or other public place (whether a building or not), or on any licensed premises

Public place – s.8 Licensing Act 1902: for s.12, it includes any place to which the public have access, whether on payment or otherwise.
Drunk – not defined in the Act. It means drunk through alcohol. In Neale v RMJE (a minor) (1984) a person intoxicated by sniffing glue was held not to be “drunk” under s.12.
Found – the defendant only has to be found drunk in the place. In Winzar v Chief Constable of Kent (1983) a man removed from a hospital by police and put on the highway was “found drunk” there.

“Incapable” is not in s.12. The phrase comes from s.1 Licensing Act 1902, which deals with a person found drunk in such a place who appears incapable of taking care of themselves. The s.12 offence only needs the person to be found drunk.
s.12 also covers being drunk while in charge of a carriage, horse, cattle or steam engine on a highway or public place, or while in possession of a loaded firearm. That version carries a level 1 fine or up to 1 month’s imprisonment.
A person who can be charged under s.4 or s.5 Road Traffic Act 1988 (and certain other drink or drug driving offences) cannot be charged under s.12 with being drunk in charge of a carriage (s.5 Road Traffic Offenders Act 1988).
Being drunk and disorderly in a public place is a separate offence under s.91 Criminal Justice Act 1967.

Legislation: Licensing Act 1872, s.12 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Level 1 fine (up to £200)