Drunk in Charge of a Child

I think most would agree that a person shouldn't be drunk if they are responsible for the welfare of a young child.

What people might not realise is that it is actually an offence, theoretically punishable by imprisonment, to be drunk in charge of a child.

Yesterday, I noticed a British Transport Police tweet saying that a 37-year-old man had been arrested in the bar at Preston Station on suspicion of this very offence.

Section 2(1) of the Licensing Act 1902 makes it an offence for any person to be drunk when in charge of a child under the age of 7 years. The legislation applies when the drunken person is on any highway, or other public place, whether inside or out, including on licensed premises.

The maximum penalty, on summary conviction, is a fine at level 2 (£250) or one months' imprisonment.

Section 2(2) of the Act states that if the child appears to be under the age of 7 they shall be deemed to be under that age unless the contrary is proved.

The legislation does not apply inside a dwelling or other private property, which will no doubt be a relief to many readers.