As I said at 9 this morning, the original word was that he was charged after failing to quit a licenced premises, multiple times.
As for not being able to be charged for that, I'm pretty sure if you fail to quit once Police ask you, then it becomes more than just failing to quit.
Those who are asking if he was drunk, how many people are asked to quit a licenced premises when they are sober? Even further to the point, how many people would refuse to quit if they were sober?
Obviously drunk. Obviously did the wrong thing.