Drinking in public

Social customs and laws on drinking in public vary significantly around the world. In some countries, such as the United States and the Muslim world, public drinking is almost universally condemned or outlawed, while in other countries, such as New Zealand and Japan, public drinking and public intoxication are legal.

Controversy

Opponents of drinking in public argue that it encourages overconsumption of alcohol and binge drinking, rowdiness and violence, and propose that people should instead drink at private businesses such as public houses, bars or clubs, where a bartender may prevent overconsumption and where rowdiness can be better controlled by the fact that one is sitting down and security or bouncers may be present. Alternatively, one may drink at home.

Proponents of drinking in public argue that it does not itself cause problems and rather that it is social problems that cause overconsumption and violence, pointing to countries that allow drinking in public but have low levels of associated overconsumption and violence. Proponents further argue that drinking in public helps normalize attitudes towards drinking and build a healthier drinking culture. Many argue that it is a right to drink in public.

By country

Australia

Although details and penalties vary from state to state, drinking in public places directly outside licensed premises (and also in council-designated no alcohol zones^[1]) is illegal. Generally, possession of an open container of alcohol is sufficient proof of public drinking.

Canada

In Canada, the possession of open containers of alcohol in public is generally a violation of provincial acts and municipal bylaws. Open liquor is not permitted except in private residences or on licensed premises. (If the licensed premises are adjacent to public areas, for example a restaurant patio next to a sidewalk, drinking alcohol in full public view is perfectly legal. Walking down the sidewalk not on the licensed premises, drinking the same alcohol would be illegal.) Open liquor is also illegal in parts of national and provincial parks, though this prohibition may not apply to campsites, as your temporary residence. Ontario Provincial Parks allow alcohol on campsites only.

In British Columbia, possession of 'open liquor' (including opened but sealed containers) is a $230 fine. In Ontario, possession of an open container or consumption of liquor in a public place is a $125 fine (as per the Liquor Licence Act, ssec 31(2)). However, the most common enforcement of liquor laws is to simply pour out the offending beverage and issue a verbal warning; fines are rarely issued.

Finland

In Finland drinking in public is widely practised and accepted, even from the local authorities. According to the law, a person should not drink in a public place or transportation. Exceptions are parks and all the places which are similar to parks if the person does not bother other people too much.^{[citation needed]}

Germany

In Germany, the possession of open containers of alcohol is legal by persons of the legal drinking age (16 for beer/wine; 18 for distilled spirits; 14 under the supervision of a legal guardian). It may be restricted in public transportation, depending on the city.

India

Alcohol traditionally was generally frowned upon in India by all religious entities. Drinking in public is quite unusual on the streets but on the contrary quite usual in some areas with a bar or Wine store. Indian-style tea (chai) is usually seen, as are other substances such as paan, supari and Gajneer.

New Zealand

In New Zealand public drinking and public intoxication are legal, although local authorities have power to pass bylaws declaring liquor-free zones, where liquor may be consumed on licensed premises and private property but not on the street or other public areas. Many New Zealand towns now have such zones, usually covering their Central Business District.

Spain

Public drinking has been made illegal in Spain in 2002 in an effort to end the then-popular public drinking parties, botellones. ^[2][3]

United Kingdom

England

Drinking in public is legal and widely practised in England – one may carry a drink from a public house down the street, though it is preferred that one request a plastic glass to avoid danger of breakage, and one may purchase alcohol at an off-licence and immediately begin drinking it outside. Similarly, one may drink on aeroplanes and on National Rail trains, either purchasing alcohol or consuming one's own.

In certain public places, one may be required to stop drinking. It is not illegal to drink in these areas, contrary to popular misconception,^[4] but, in these areas, if requested by police to stop drinking, one must then stop drinking and surrender the alcohol, both open and closed containers.^[5]

These are formally known as Designated Public Places Orders (DPPOs), and were allowed by The Criminal Justice and Police Act 2001 (CJPA); they are more popularly known as 'Controlled Drinking Zones' (CDZs).^[4]

Following the election of Boris Johnson as mayor of London, drinking on London public transportation was made illegal. This was supported by those who felt it would decrease antisocial behaviour, but opposed by those who argued that alcohol relieved the discomfort of a commute. The end of drinking on public transport was marked by some festivities, particularly on the Circle Line, as this allowed one to be on public transit without going anywhere – rather, going in a circle.

Scotland

Consuming alcohol in a public place, excluding designated areas, is against the law and the offender could face a fine of up to £500 in some places.

designated places include - but is not limited to - public houses, beer gardens, alcohol tasting classes and all national rail services

United States

For more details on this topic, see United States open container laws.

Drinking in public is illegal in almost all jurisdictions in the United States, with this ban usually extending to include drinking within a moving car (related to drunk driving laws).

Laws against drinking in public are known as open container laws, as the presence of an open container of alcohol is seen as evidence of drinking in public and is far easier to witness and prove than the act of drinking.

In some places and circumstances it is tolerated, such as at some college campuses or around sporting events – notably at a tailgate party – or when the container is inside a bag, traditionally a brown paper bag.^{[citation needed]}

See also

• Chewing gum ban in Singapore
• Public intoxication
• Smoking ban

References

1. ^ Alcohol-Free Zone
2. ^ “Spain clamps down on teen drink binges”, BBC News. February 12, 2002.
3. ^ “Spain: Anti-public drinking law comes into operation”, Just-drinks.com. July 29, 2002.
4. ^ ^{a b} Councils may use bye-laws for 'no alcohol zones', Alcohol Policy UK, Sunday, October 04, 2009
5. ^ Designation Orders: Alcohol Consumption in Public Places, Home Office