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Legal Eagle

The Public

Q: Prosecution of drunk fans

Following the recent prosecution of a football fan for being drunk in an arena, should we fear similar actions against rock concert-goers and comedy fans who have one drink too many?

A: Drunk and disorderly conduct at sporting events generally and football matches in particular is the subject of separate, specific legislation. The offences concerned are set out in the Sporting Events (Control of Alcohol etc) Act 1985 and in various Football (Offences and Disorder) Acts, the Football Spectators Act 1989 and the Football Offences Act 1991.

Merely having intoxicating liquor in one's possession at any time during a designated sporting event (as defined) when in an area of a designated sports ground (as defined) or while entering or trying to enter a designated sports ground during the period of a designated event is an offence, the designated period concerned being within two hours before and one hour after the advertised running times of the event. Drunkenness in similar circumstances is a separate offence. There is a further separate offence in relation to consumption of alcohol on coaches or trains to or from designated sporting events or while on a journey to or from a football match. Furthermore, the court has power to make a banning order against an offender in relation to football matches and must do so if satisfied on reasonable grounds that it will help to prevent violence or disorder at or in connection with the match concerned. This only applies to football matches of a prescribed description and may be extended to other sporting events.

I have not been able to find anything analogous which is applicable to the kind of arena concert which you have in mind. However, it is an offence under the Criminal Justice Act 1967 for any person to be drunk and disorderly in any public place and for this an offender may be arrested without warrant. Furthermore, any private place in which an entertainment is being promoted for private gain, with certain limited exceptions, requires a licence from the local authority, either generally in relation to specified premises or for a particular specified entertainment event and such licences will very likely carry conditions, varying from one local authority to another, relating to a range of matters which customarily include prohibition of disorderly conduct and regulation of alcohol consumption.

In any event, it is highly likely that the organisers of such an event will stipulate in their conditions of admission to the event that the right is reserved to expel any member of the audience who behaves in a drunken or disorderly fashion or indeed who brings alcohol into the auditorium, for the very good reason that an offender is likely to spoil the enjoyment of the event by other members of the audience. It is customary, particularly in the case of large arena concerts, for security guards or so-called 'stewards' to keep a careful look out for and take preventative action against unruly behaviour of the kind concerned, whether involving alcohol or not.

To sum up, I think the existing law and practice is adequate to deal with offensive behaviour of the kind which you are concerned.

First published 4th March 2004