Pubgoer Stuart Evans breached a little-known Victorian law once carrying a fine of 40 shillings – he was caught breaking the law outside a pub in Runcorn, Cheshire
A man was hauled before a court and handed a fine under a Victorian law.
Stuart Evans confessed, “I may as well go guilty as I don’t have a choice” as he was asked to plead in court over the 153-year-old offence. The 33-year-old had been stopped outside the Half Way House pub in Runcorn, Cheshire, on Boxing Day for riding a horse drunk after a report from a member of the public.
Evans had been riding the horse and cart at dusk without lights or reflective gear, and was seen slurring his words while apparently unsteady on his feet following an afternoon drinking session. He was charged under Section 12 of the Licensing Act – a law brought in in 1872 which then carried a maximum fine of 40 shillings or a month’s imprisonment.
While the archaic law introduced under Queen Victoria’s reign has since been updated, with the fine now at £200, Brits can still be prosecuted over it. According to the legislation, anyone found drunk while in charge of horses, cattle, a steam train or while riding a bike could still be in breach.
Warrington Magistrates Court heard Evans, a labourer, was clearly drunk when police turned up to the Halfway House – a former coaching inn which served as a rest stop for passing horse and carriage riders. Representing himself in court, Evans said: ”What was said is sufficiently accurate and I may as well go guilty as I don’t have much of a choice. I have no representation or anything.
”I want to get this dealt with and sorted out. I am between labouring, little bits and pieces. I am trying to get my photo identification to claim benefits.” The court heard Evans had been told he did not need representation after the charge sheet was viewed by a duty solicitor.
Louise Dempster, prosecuting, said: “On December 26 of last year, a report was made to police by a member of the public stating that on Halton Road in Runcorn there were two males going up and down the road with a horse and carriage with no lights or reflector strips and with no care or attention to other road users.
“When police arrived the horse and carriage was at the side of the Half Way House. A PC Moran approached the horse and the defendant who was near the horse and carriage. He admitted being in charge of the horse. He was said to be argumentative and would not provide his details. He admitted to having had alcohol to the police. He was slurring his words and unsteady on his feet.
“Police suspected that he was intoxicated. Therefore he was arrested for being drunk in charge of a horse.” After his arrest Evans was searched and the officer found a quantity of cannabis for personal use.”
The court clerk said of the legislation for being drunk in charge of a horse: “It is a common law offence which dates back quite some time ago. It is a matter for a financial penalty.” The bench fined Evans £80 for possession of cannabis but made no separate penalty for being drunk in charge of a horse. He was also ordered to pay a £32 surcharge and £85 costs.
Section 12 of the Licensing act details: ”Every person who in any highway or other public place, whether a building or not, is guilty while drunk of riotous or disorderly behaviour, or who is drunk while in charge on any highway or other public place of any carriage, horse, cattle, or steam engine, or who is drunk when in possession of any loaded fire-arms, may be apprehended, and shall be liable to a penalty not exceeding forty shillings, or in the discretion of the court to imprisonment with or without hard labour for any term not exceeding one month. Where the court commits any person to prison for non-payment of any penalty under this section, the court may order him to be imprisoned with hard labour.”
