{
  "url": "https://openlegislation.uk/antisocial-behaviour-etc-scotland-act-2004/section-128",
  "json_url": "https://openlegislation.uk/antisocial-behaviour-etc-scotland-act-2004/section-128.json",
  "legislation": "asp/2004/8",
  "legislation_title": "Antisocial Behaviour etc. (Scotland) Act 2004",
  "legislation_url": "https://openlegislation.uk/antisocial-behaviour-etc-scotland-act-2004",
  "path": "section/128",
  "kind": "section",
  "number": "128",
  "heading": "Fixed penalty offences",
  "text": "(1) For the purposes of this Part “fixed penalty offence” means—\n(a) an offence under an enactment mentioned in the first column in Part 1 of the following table and described, in general terms, in the second column in that Part;\n(b) an offence created in subordinate legislation made under an enactment mentioned in the first column in Part 2 of the table which is of the general description mentioned in the second column in that Part; and\n(c) a common law offence mentioned in Part 3 of the table.\nTable\nPart 1\nEnactment\nDescription of offence\nSection 115 of the Licensing (Scotland) Act 2005 (asp 16)\nDisorderly conduct while drunk in licensed premises and other relevant premises\nSection 116 of the Licensing (Scotland) Act 2005 (asp 16)\nRefusing to leave licensed and other relevant premises on being requested to do so\nSection 47 of the Civic Government (Scotland) Act 1982 (c. 45)\nUrinating or defecating in circumstances causing annoyance to others\nSection 50(1) of the Civic Government (Scotland) Act 1982 (c. 45)\nBeing drunk and incapable in a public place\nSection 50(2) of the Civic Government (Scotland) Act 1982 (c. 45)\nBeing drunk in a public place in charge of a child\nSection 54(1) of the Civic Government (Scotland) Act 1982 (c. 45)\nPersisting, to annoyance of others, in playing musical instruments, singing, playing radios etc. on being required to stop\nSection 52(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)\nVandalism\nSection 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 10)\nThreatening or abusive behaviour\n. . .\n. . .\nPart 2\nEnactment\nDescription of offence\nSections 201 and 203 of the Local Government (Scotland) Act 1973 (c. 65)\nConsuming alcoholic liquor in a publicPlace\nPart 3\nCommon law offence\nBreach of the peace\nMalicious mischief\n(2) The Scottish Ministers may by order—\n(a) amend an entry in the table;\n(b) add an entry to the table;\n(c) remove an entry from the table.\n(3) An order under subsection (2) may make such amendment of any provision of this Part as the Scottish Ministers consider appropriate in consequence of any amendment of, or addition to or removal from, the table made by the order.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Entries in s. 128 Table Pt. 1 substituted (5.00 a.m. on 1.9.2009 with effect as mentioned in art. 1(2) of the amending S.S.I.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), arts. 1(1), 2(1), Sch. 1 para. 10"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 128 Table Pt. 1 inserted (26.3.2026) by The Antisocial Behaviour (Fixed Penalty Offences) (Miscellaneous Amendment) (Scotland) Order 2026 (S.S.I. 2026/163), arts. 1(1), 2 (with art. 4)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Pt. 1 entry repealed (20.4.2018) by Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Act 2018 (asp 7), ss. 4, 6 (with s. 3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2004/8/section/128",
    "retrieved_at": "2026-10-29T20:16:35.498070+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}