Public alcohol laws?

Gavin "shels"

Was out for a stroll with my mates last night, had 3 bottles in my pockets 4 garda come over to us. They take the bottles of 2 of my mates who were under 18 and then came over to me and took a bottle off me, I said I was 18 and had ID and the Garda said that doesn't matter. I know if you have bottles open and stuff they can be taken off you, but closed bottles in your pocket?

Jim_Are_Great

Three bottles? Those are some big ass pockets.

Anyway, I'm afraid the garda was within his rights:

“ ‘ bottle or container ’ means a bottle or container irrespective of whether—

(a) the bottle or container is opened or unopened, and

(b) any or all of the contents of the bottle or container have been or are being consumed,

and includes the contents of the bottle or container, but does not include a bottle or container for a substance which is in the possession of the person concerned for a purpose other than the intoxication of that or any other person;”.

http://www.irishstatutebook.ie/2008/en/act/pub/0017/sec0018.html#id1215181416.36

Gavin "shels"

Jim_Are_Great wrote: »

Three bottles? Those are some big ass pockets.

Anyway, I'm afraid the garda was within his rights:



http://www.irishstatutebook.ie/2008/en/act/pub/0017/sec0018.html#id1215181416.36

Were only 300ml Miller bottles.

Would that rule only apply to in your pockets? Or does it include bags?

Jim_Are_Great

It applies to drink which is "in your possession". Bags, pockets, under your top hat, wherever you like; it's still confiscatable.

CantGetNoSleep

I understand that as meaning that if someone is drinking in public from a Coca Cola type bottle and close the lid then the Garda can confiscate it, not if someone has a full unopened beer bottle in their pocket

Given that it is a 330ml Miller bottle I assume the OP's bottle was sealed and full, or else he has wet pockets

taram

So in theory I'm coming from doing my Tesco shop in the middle of the day and they spot a bottle of wine in my bag, can they stop me and take my alcohol off me? Or would I need to appear intoxicated/underage?

Jim_Are_Great

taram wrote: »

So in theory I'm coming from doing my Tesco shop in the middle of the day and they spot a bottle of wine in my bag, can they stop me and take my alcohol off me? Or would I need to appear intoxicated/underage?

8A.— (1) This section applies where a member of the Garda Síochána believes with reasonable cause that—
(c) the relevant person is acting in that place, or the relevant person and some or all of the accompanying persons are acting in that place, in a manner that—

(i) gives rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace, or

(ii) is causing, or gives rise to a reasonable apprehension is likely to cause, annoyance and nuisance to another person or persons or interference with that other person’s or persons’ peaceful possession and enjoyment by that other person or persons of his or her, or their, as the case may be, property.

...

(2) Where this section applies, the member may do one or more of the following ... if the relevant person fails or refuses to give such an explanation or if such an explanation is given, and in either case the member remains of the relevant belief:

(i) request the relevant person to immediately give the bottle or container to the member

So maybe if your were carying your wine really annoyingly.

Gavin "shels"

CantGetNoSleep wrote: »

Given that it is a 330ml Miller bottle I assume the OP's bottle was sealed and full, or else he has wet pockets

Yes it was indeed. Hence why I found it strange that they can take a bottle off me, which is in my pocket unopened, myself being 18 with Garda ID and not falling all over the place drunk.

Carawaystick

Did you get a receipt for the confiscated bottles?
Did you ask the Guard for his name or number so you could follow up on it?
Were you sober at the time?
If you can't answer yes to these questions, you'd be facing an uphill struggle getting any satisfaction to this.

the Gardaí*took one of the three bottles from you? seems odd.