Little known 150-year-old law that pubgoers break every day

Mathew Street packed for the Bank Holiday weekend
-Credit: (Image: Andrew Teebay Liverpool Echo)


Drinkers in pubs across the country could find themselves falling victim to a little known 150-year-old law. It's not uncommon for older laws to sometimes render specific, every day actions as illegal - and, unbeknownst to most pub goers, they might find themselves breaking the law by having an extra pint or glass of wine.

The law - under section 12 of the Licensing Act 1872 - states: "Every person found drunk on any licensed premises, shall be liable to a penalty" - that means it is against the law to be inebriate in a pub or another public place and you risk a fine of up to £200.

The outdated section of the act continues: "Every person found drunk in any highway or other public place, whether a building or not, or on any licensed premises, shall be liable to a penalty not exceeding ten shillings, and on a second conviction within a period of twelve months shall be liable to a penalty not exceeding twenty shillings, and on a third or subsequent conviction within such period of twelve months be liable to a penalty not exceeding forty shillings."

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The original law in fact dates back even further to the Metropolitan Police Act of 1839. In this act it said that you cannot allow drunkenness at a pub. This was the first act prohibiting drunkenness but was later repealed and encompassed under the Licensing Act.

Now this law has not been enforced since way back when and, even though it is still in legislation, isn't a law in practice. There are other such laws that were never repealed but won't land you in trouble. This includes knocking on doors without a lawful excuse; using sleds on ice or snow on the road and beating or shaking a rug or carpet in London.

There are more modern laws that apply to being drunk in a pub. The Licensing Act of 2003 states that it is illegal to sell alcohol to anyone who is knowingly drunk to the seller. Therefore it is not illegal to be drunk but rather the sale of alcohol to those who are drunk.