Law: drinking in public?

boron · Jan 23, 2012

Is it allowed to:
1) drink in public (street, park, beach)
2) being drunk in public

in the UK, US, Canada, Australia?

scarletpeaches · Jan 23, 2012

In the UK, no. You're allowed to carry alcohol, of course -- how else would you get it back from the shops? But if you're found with an open alcohol container on the streets, you could get a telling-off for it. Drinking alcohol in public is a no-no.

Technically the police can fine you but depending on the discretion of the officer involved, they might just caution you for drinking in public. You'd have the booze confiscated, or be told to pour it away.

When it comes to simply being drunk in public, regardless of whether or not you have alcohol on you, that's an arrestable offence, but, again, it all depends on the discretion of the officer when it comes to how you're treated.

crunchyblanket · Jan 23, 2012

In the UK, no. You're allowed to carry alcohol, of course -- how else would you get it back from the shops? But if you're found with an open alcohol container on the streets, you could get a telling-off for it. Drinking alcohol in public is a no-no.

^ this. There are some areas (usuallly signposted) in which you can be fined for drinking in public. I'm not sure how widespread these are...

It is illegal to drink alcohol on public transport, at least in London. I've never seen it enforced, though.

Pyekett · Jan 23, 2012

In the US, open container regulation is a matter of state law, not federal. It's a further mishmash between state and city ordinances, sometimes with one trumping the other and sometimes the reverse.* Some place definitely allow public drinking (Beale St district in Memphis, Tennessee; New Orleans, Lousiana, with its takeaway carts of frozen daquiris; and the Strip area of Las Vegas), but the container may be legislated, such as being limited to plastic in some contexts.

As scarletpeaches noted for the UK, where there are laws prohibiting open containers of alcohol, the enforcement varies. For example, law enforcement officers may decide to overlook football game tailgate parties or wine being shared at concerts in the park.

I suspect the drunk and disorderly charge is even more a matter of judicious enforcement, but almost everywhere in the US would (I think) have some legislation that waves in that direction. It's all state and local regulation, though.

*more accurately, some state laws specifically exempt certain local districts but not others

Chris1981 · Jan 23, 2012

In the U.S., the laws vary depending on where you are. In a lot of cases, it's state by state.

In Texas (my state), having an open container in public is against the law. So's having one in your vehicle, whether the driver's touched it or not. So, if your buddy needs a lift home from a party because he's too drunk to drive, don't let him bring his beer with him.

Public intoxication is also against the law here. This is an arrestable offense and, if I recall correctly, there are also fines involved.

ULTRAGOTHA · Jan 23, 2012

As a general note to our European friends, questions on how laws work in the United States are heavily dependent on exactly where the action is taking place. The exact same thing might be legal, illegal, enforced or not enforced depending on
A) exactly where it takes place
B) which law enforcement agency is involved (county sheriff, town or city police, state police, Federal Bureau of Investigation (FBI), the federal Alcohol Tobacco and Firearms (ATF) people, customs and border patrol, immigration and naturalization, port authority, campus police--We have more police agencies than you can shake a stick at.)
C) who is involved and what the circumstances are

So to get a good, accurate answer about what happens in the USA from a law enforcement perspective, and even whether a particular action is illegal, we need to know a lot of detail about who is involved, precisely where the incident happens, and what the incident is.

We're big. The medium-sized state of Oregon, where I grew up, is larger than the whole of the isle of Britain. It can take more than 8 hours, on our 65 miles per hour freeways, to drive from Sacramento in the middle of California to San Diego in Southern California.

We're split into distinct states with their own legislatures and social mores. It's confusing enough for us, let alone for us to answer your questions. Heck, even we have to ask each other about how something would work in another state.

Personally, I love sharing US culture with writers from abroad. Bring it on! But that's why we ask so many detailed questions, so we can provide hopefully accurate answers. Otherwise it's a big, frustrating, "it depends".

boron · Jan 23, 2012

Superhero, I got the idea about the United States...From my research prior to opening this thread I was thinking the same about the UK, but two say "no-no" above. It's a ban for public drinking all over the country in - India.

Priene · Jan 23, 2012

scarletpeaches said:
In the UK, no. You're allowed to carry alcohol, of course -- how else would you get it back from the shops? But if you're found with an open alcohol container on the streets, you could get a telling-off for it. Drinking alcohol in public is a no-no.

crunchyblanket said:
^ this. There are some areas (usuallly signposted) in which you can be fined for drinking in public. I'm not sure how widespread these are...

It is illegal to drink alcohol on public transport, at least in London. I've never seen it enforced, though.

Even the internet doesn't seem in agreement on this one. Wikipedia (bastion of all knowledge, I know) thinks drinking in public is illegal in England, but this place says it isn't.

As far as I was aware, the latter is correct: there is no general ban, but councils are allowed to make bylaws banning it.

CaroGirl · Jan 23, 2012

In Canada you are not allowed to have open liquor in public unless it is in a licensed area, such a beer tent or open-air bar patio.

On camp grounds, parks or beaches, it's illegal but up to the discretion of police whether or not they enforce it. If you're peaceful and not flaunting it (canned beer is in a sleeve, for example), they tend to leave you alone.

Public drunkenness is also illegal but arrest depends on how drunk you are and how much of a ruckus you're causing.

shaldna · Jan 23, 2012

The fines in the UK are pretty hefty, I know that here the fine is £500 for drinking in public.

Parametric · Jan 23, 2012

Is it really illegal to drink in public in the UK? Everyone seems to do it. I've never heard of anyone getting into trouble for it. I wouldn't think twice about bringing a bottle of wine to a picnic.

Priene · Jan 23, 2012

Parametric said:
Is it really illegal to drink in public in the UK?

On further investigation, it's legal in England and Wales unless prohibited by bylaw.

From direct.gov.uk

Drinking in public

Some towns have alcohol-free zones where nobody can drink in public. Even where these aren’t in place the police can take away alcohol or move young people on if they have been drinking. They could even be fined or arrested.

Shakesbear · Jan 23, 2012

crunchyblanket said:
^ this. There are some areas (usuallly signposted) in which you can be fined for drinking in public. I'm not sure how widespread these are...

It is illegal to drink alcohol on public transport, at least in London. I've never seen it enforced, though.

Tube and buses - but don't trains have buffets carriages where they sell wine/spirits/beers etc? I don't think you have to buy food to be able to get the booze.

Momento Mori · Jan 23, 2012

Priene is right - it's not illegal to drink in public in the UK unless you're in a designated alcohol free zone (in which case there will be signs up telling you that and basically relates to areas in city centers where there are a lot of nightclubs/pubs that open on late licence and where binge drinking is a particular problem).

But note that it is an arrestable offence to be drunk and disorderly in public. Generally, the police will leave you alone unless you are also creating a public disturbance (e.g. fighting, shouting or peeing in doorways) or are completely incapable of looking after yourself, (e.g. you've collapsed on the pavement and can't move out of the way for other people).

MM

Buffysquirrel · Jan 23, 2012

I've seen some of those designated alcohol-free zone signs here and there in my (limited) travels. Often in parks.

backslashbaby · Jan 23, 2012

It's too complicated to figure out here, but I usually just expect that you can't drink openly downtown or on a street corner in most places. And you may be able to have a wine picnic in a park or the beach, but look for signs that say you can't.

Never have an open container in a car unless it's locked in the trunk.

Again, these aren't the real laws, but just the kind of thought process an American takes if you can't look it up, lol.

We do definitely drink at sports or concerts or festivals, etc, where the venue owners have followed licensing laws themselves. But you have to buy their beer or wine, of course

Lenny Jennison · Feb 3, 2012

boron said:
Is it allowed to:
1) drink in public (street, park, beach)
2) being drunk in public

in the UK, US, Canada, Australia?

in the US there are not too many places where drinking in public is acceptable. Exceptions that come to mind are new orleans- on bourbon street and places that host spring breaks. The chamber of commerce has to show a need for allowing the behavior to happen in public. Some beaches will also allow you to drink in public as long as there are not bottles involved.

Being drunk in public is a grey area. This is one of the "catch all" laws that allows a cop to fine or arrest you if they feel it is in the public's best interest.

I have also seen this abused as well though. The lack of clarity or well defined universal rules makes this hard to enforce.

I have worked at bars a majority of my life and i can say that i have seen people arrested for "public intoxication" even inside a public place. There is a lot of ley way in this law.

A person can be arrested in public for the intoxication offense even if they pass a drunk test but appear to be a danger to themselves or others.
hope this helps

shaldna · Feb 4, 2012

Momento Mori said:
Priene is right - it's not illegal to drink in public in the UK unless you're in a designated alcohol free zone (in which case there will be signs up telling you that and basically relates to areas in city centers where there are a lot of nightclubs/pubs that open on late licence and where binge drinking is a particular problem).

This. Sorry, I should have explained that in my post above.

As a side note, we call illegal drinking public 'bushing' here.

blackrose602 · Feb 4, 2012

Exceptions that come to mind are new orleans- on bourbon street

Not just Bourbon Street. New Orleanians take our alcohol very seriously. Public drinking is allowed all over the city, as long as your drink is in a plastic container (metal will get you yelled at by cops, glass will get you arrested). Drinking and driving is not allowed--but drive-thru daiquiri shops are prevalent. How does that work? It's not an open container until you put in the straw! Drunk and disorderly--technically illegal, but the police are *very* permissive unless you're causing an active disturbance. Even then, they're more likely to just tell you to move along unless you're doing something *really* stupid.

Law: drinking in public?

boron

Health writer

scarletpeaches

crunchyblanket

the Juggernaut of Imperfection

Pyekett

I need no hot / Words.

Chris1981

Just Another Transman

ULTRAGOTHA

Merovingian Superhero

boron

Health writer

Priene

Out to lunch

CaroGirl

Living the dream

shaldna

The cake is a lie. But still cake.

Parametric

Priene

Out to lunch

Shakesbear

knows a hawk from a handsaw

Momento Mori

Tired and Disillusioned

Buffysquirrel

backslashbaby

*

Lenny Jennison

shaldna

The cake is a lie. But still cake.

blackrose602

Law: drinking in public?

Health writer

the Juggernaut of Imperfection

I need no hot / Words.

Just Another Transman

Merovingian Superhero

Health writer

Out to lunch

Living the dream

The cake is a lie. But still cake.

Out to lunch

knows a hawk from a handsaw

Tired and Disillusioned

~~~~*~~~~

The cake is a lie. But still cake.

*