Drinking in Public

Blink182rock

Hi Guys, a friends son got fined for having a drink in a plastic glass walking front one house to another in a Limerick estate(student occupied mostly).

This falls under drinking in public I presume ??

However how does it happen so often around Galway without problem and then this lad gets caught?

To my knowledge it was solely for drinking in public not causing trouble and he wasn't falling over drunk etc..

Thanks..

GenieOz

The Gardas seen him and obviously stood out so much that they decided to prosecute.

Is it fair? No.
Is it lawful? Yes.
Was the Garda most likely in a bad mood and being a díckhead? Yeeeeeeees.

Donkey Oaty

It must be a by-law specifically relating to that area, because drinking in public is not a crime in Ireland.

wazky

I have never heard of someone being fined for simply drinking in public, usually the drink is just confiscated.

Was the lad giving lip to the garda or acting the maggot?

redout

Bad luck getting a fine.

See Gardai taking drink of people in Dublin City Centre all the time but they usually just empty it on the road and that be the end of it.

Blink182rock

Donkey Oaty wrote: »

It must be a by-law specifically relating to that area, because drinking in public is not a crime in Ireland.

Is it not illegal to drink in public??

The guards apparently take no tolerance to drinking in some student areas in Limerick..

Any leg to stand on? Its 75 euro. Nice bit of euro for not much..

Blink182rock

wazky wrote: »

I have never heard of someone being fined for simply drinking in public, usually the drink is just confiscated.

Was the lad giving lip to the garda or acting the maggot?

I know the fella fairly well and I was talking to him, he said he wasn't giving lip, nor any more than 'tipsy' .

He also said they were out to fine people because he seen others getting fined. First time I have heard of something like this.

The fine is a 'council fine', he said something about that..

seamus

Blink182rock wrote: »

Is it not illegal to drink in public??

No, not generally. However many councils have passed bye-laws to prohibit it.

Though I wonder what the story is with notification of bye-laws? I know that ignorance is no defence in the case of real laws, what about bye-laws, given that there is no formal boundaries (i.e. signs or other markers) between councils and therefore someone cannot be reasonably expected to know what council area they're in and what by-laws apply?

Can bye-laws only apply where signs are displayed?

Blink182rock

seamus wrote: »

No, not generally. However many councils have passed bye-laws to prohibit it.

Any way to try appeal it?!

Interesting ..

dxhound2005

seamus wrote: »

No, not generally. However many councils have passed bye-laws to prohibit it.

Though I wonder what the story is with notification of bye-laws? I know that ignorance is no defence in the case of real laws, what about bye-laws, given that there is no formal boundaries (i.e. signs or other markers) between councils and therefore someone cannot be reasonably expected to know what council area they're in and what by-laws apply?

Can bye-laws only apply where signs are displayed?

According to the Examiner it was a bye law in the Limerick County Council area before the city fathers adopted it. So in this case I think the matter would not arise.

http://www.irishexaminer.com/ireland/icrime/public-drinkers-face-75-spot-fine-176420.html

Lapin

Blink182rock wrote: »

However how does it happen so often around Galway without problem and then this lad gets caught?

In Galway the Gardaí just pour your Buckfast into the river and send you on your way. Usually in the direction of the next offie.

Blink182rock

dxhound2005 wrote: »

According to the Examiner it was a bye law in the Limerick County Council area before the city fathers adopted it. So in this case I think the matter would not arise.

http://www.irishexaminer.com/ireland/icrime/public-drinkers-face-75-spot-fine-176420.html

So does that rule out any appeal ?!

dxhound2005

Blink182rock wrote: »

So does that rule out any appeal ?!

I have no idea and you certainly should not rely on any legal advice you get on the internet to be correct. Your friend or his son might find a friendly lawyer for less than €75 but I somehow doubt it.

Blink182rock

dxhound2005 wrote: »

I have no idea and you certainly should not rely on any legal advice you get on the internet to be correct. Your friend or his son might find a friendly lawyer for less than €75 but I somehow doubt it.

Indeed.. Doesn't look likely so.

P_1

It does seem like a silly law, I mean what harm does somebody minding their business walking with a beer to sip on cause in fairness. I observed people doing just this quite recently in Dortmund, Berlin, Munich and Hamburg and society hasn't managed to collapse in Germany as a result of it.

pundy

i thought if the the fact that it is alcohol is hidden, then you can't be done for it? ie: if it's a liquid in an un-marked cup?

hence why the old trick of vagrants drinking from booze bottles with brown paper bags over them came about....

no? could be wrong though

Feisar

Was this in Elm Park by any chance? Locals there are always kicking up a fuss over students and always on to the Gardaí about them. Heard a fair few stories from when I was in college down there. Residents sick of students acting the maggot so even if people aren't causing a a problem they still get targeted, fairly quiet BBQs getting stopped etc.

pundy

students or not though, they're not breaking the law by making noise.
it's a civil matter, and just so everyone knows, the guards can NOT enter your property without a warrant, so if they ever call in during a party you're having to break it up, you can say NO, and they wont be arsed going back getting a warrant and then coming back...

Blink182rock

Feisar wrote: »

Was this in Elm Park by any chance? Locals there are always kicking up a fuss over students and always on to the Gardaí about them. Heard a fair few stories from when I was in college down there. Residents sick of students acting the maggot so even if people aren't causing a a problem they still get targeted, fairly quiet BBQs getting stopped etc.

No it was college court near UL..

Riskymove

pundy wrote: »

i thought if the the fact that it is alcohol is hidden, then you can't be done for it? ie: if it's a liquid in an un-marked cup?

hence why the old trick of vagrants drinking from booze bottles with brown paper bags over them came about....

no? could be wrong though

basically it came about in the US where police were faced with spending all their time arresting anyone sitting on their porch/out on the corner with a drink etc

the paper bag became a kind of compromise to which police turned a blind eye to allowing them to concentrate on other issues, including drunk and disorderlies etc.

intellectual dosser

Lets see how things go next Monday....

slimjimmc

P_1 wrote: »

It does seem like a silly law, I mean what harm does somebody minding their business walking with a beer to sip on cause in fairness. I observed people doing just this quite recently in Dortmund, Berlin, Munich and Hamburg and society hasn't managed to collapse in Germany as a result of it.

And you'll find many towns here too that don't have this bye-law either.
Normally many of these bye-laws were introduced in places which suffered years of social problems arising from public drinking. It's easier and clearer for all to have one rule that prohibits drinking any alcohol in public spaces, rather than try to cover a multitude of situations and their exceptions.

slimjimmc

seamus wrote: »

No, not generally. However many councils have passed bye-laws to prohibit it.

Though I wonder what the story is with notification of bye-laws? I know that ignorance is no defence in the case of real laws, what about bye-laws, given that there is no formal boundaries (i.e. signs or other markers) between councils and therefore someone cannot be reasonably expected to know what council area they're in and what by-laws apply?

http://www.citizensinformation.ie/en/government_in_ireland/local_and_regional_government/powers_of_local_authorities.html

Two months before making a Bye-Law, the local authority must publish a notice in a newspaper circulating in the area to which the Bye-Law relates, indicating that it proposes to make the Bye-Law. The public is entitled to inspect the proposed Bye-Law and make submissions about it before it comes into effect.

I presume the same publication applies once a bye-law is passed.

seamus wrote: »

Can bye-laws only apply where signs are displayed?

Depends on the bye-law, e.g. parking, no-dogs allowed.

Blink182rock

Sooo, the jist is , no appeals ?

Franticfrank

That's why I like visiting Germany as much as I can - you can drink in public with no problems. I was in Berlin with my Dad once and we got onto an S-Bahn early on a Saturday evening. We were the only people without bottles of beer and felt like idiots. Made sure we had a bottle in hand on the way back.

blade1

What if it was alcohol free?
Does somebody test it?

dxhound2005

There is also the Public Order Act, which makes it an offence to be intoxicated in public. It is up to the opinion of a Garda as to whether someone is intoxicated, something which could be tested in court later.

http://www.irishstatutebook.ie/1994/en/act/pub/0002/print.html

Intoxication in public place.

4.—(1) It shall be an offence for any person to be present in any public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he might endanger himself or any other person in his vicinity.

(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £100.

(3) Where a member of the Garda Síochána suspects, with reasonable cause, that an offence under this section or under section 5 or 6 is being committed, the member concerned may seize, obtain or remove, without warrant, any bottle or container, together with its contents.

Feisar

pundy wrote: »

students or not though, they're not breaking the law by making noise.
it's a civil matter, and just so everyone knows, the guards can NOT enter your property without a warrant, so if they ever call in during a party you're having to break it up, you can say NO, and they wont be arsed going back getting a warrant and then coming back...

The Dad was a Garda at the the when I was down there so I knew the story. Must have pissed off some Gardaí when others would be running to the hills and I'd ask for a warrant or whatever.

But I feel for local residents down there.

pickarooney

pundy wrote: »

i thought if the the fact that it is alcohol is hidden, then you can't be done for it? ie: if it's a liquid in an un-marked cup?

hence why the old trick of vagrants drinking from booze bottles with brown paper bags over them came about....

no? could be wrong though

You might be thinking of TV/the USA.

MadYaker

Drinking on the streets in Galway is usually grand. The Gardai usually leave you alone as long as you're not acting the prick or being loud and obnoxious.

wicklowstevo

GenieOz wrote: »

The Gardas seen him and obviously stood out so much that they decided to prosecute.

Is it fair? No.
Is it lawful? Yes.
Was the Garda most likely in a bad mood and being a díckhead? Yeeeeeeees.

not possible that yer man was beinga bell end then no? aaaaa boards what a waste :rolleyes:

BabysCoffee

How did they know it was alcohol in the glass?

despot

I always thought drinking in public was totally illegal.. Did my parents just tell me that so I wouldn't do it? Well a pox on them, off out now to drink a few cans on the road!

Pumpkinseeds

pundy wrote: »

students or not though, they're not breaking the law by making noise.
it's a civil matter, and just so everyone knows, the guards can NOT enter your property without a warrant, so if they ever call in during a party you're having to break it up, you can say NO, and they wont be arsed going back getting a warrant and then coming back...

Having a noisy party and annoying your neighbours so much that they have to call the gardai may not be illegal, it just makes you a prick

Holsten

As far as I'm aware being drunk in public is illegal.

Drinking alcohol is not.

catallus

being drunk in public can't be illegal, if it were then half the country could be arrested. I think it might have something to do with the level of danger one poses to oneself and others that makes it illegal.