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Written question asked by Alex Sobel (Labour) on Friday, 22 November 2024, in the House of Commons. It was due for an answer on Tuesday, 26 November 2024. It was answered by Diana Johnson (Labour) on Friday, 29 November 2024 on behalf of the Home Office.


Licensing Act 2003

Question

To ask the Secretary of State for the Home Department, if her Department will make an assessment of the potential merits of amending the Licensing Act 2003 to include a legal definition of the term drunk.

Answer

The High Court has set out in case law (Neale v E 1984) that the word ‘drunk’ should be given its ‘ordinary and natural meaning’.

It is an offence under S.141 of the Licensing Act 2003 knowingly to serve alcohol to someone who is drunk. It is also an offence under S.142 of the Licensing Act 2002 to obtain alcohol for someone who is drunk. Those who commit either offence could be fined up to £1000.

Ultimately the decision to serve alcohol to a person is taken by an appropriate person within a licensed premises – for example a designated premises supervisor.


Secondary information

Type
Written question
Reference
15654
Session
2024-26
Transferred
Yes
Subjects
Drunkenness
Legislation
Licensing Act 2003
Link
View this Written question on www.parliament.uk