5.2 Other alcohol offences – drunk and disorderly, and being found drunk

A PCSO on patrol in a neighbourhood will often come across people who are drunk. As a PCSO, it’s important they understand what behaviour is classed as ‘drunk’ and what behaviour is classed as ‘disorderly’. If conferred upon them by their Chief Constable, PCSOs have the power to deal with drunk and disorderly and being found drunk on the highway by way of a penalty notice for disorder (PND). This significantly reduces administration time for the police and courts in dealing with relatively minor offences. However, someone who is drunk cannot be issued with a PND whilst drunk, meaning a PCSO would usually have to call upon the assistance of a police officer colleague to arrest the drunk person, should that be necessary in the circumstances. The offence can be dealt with through the court and is triable summarily, with the penalty applicable being a fine or one month’s imprisonment.

The legislation does not stipulate what ‘drunk’ is, but the Oxford English Dictionary uses the explanation ‘has drunk intoxicating liquor to an extent which affects steady self-control; intoxicated, inebriated’ (‘Drunk’, 2022). Similarly, ‘disorderly’ uses the standard Oxford English Dictionary definition of ‘opposed to or violating moral order, constituted authority, or recognized rule or method; not submissive to rule, lawless; unruly; tumultuous, riotous. (Of persons, or their actions, etc.)’ (‘Disorderly’, 2022). Evidence of the defendant’s behaviour can be from an officer giving a witness testimony.

On occasion, a PCSO may be called to assist police officer colleagues to deal with such incidents, such as offences relating to drunkenness on licensed premises. However, it is generally more likely they will encounter young people and alcohol, and those who are drunk and disorderly away from pubs and clubs.