Current pub laws

GM228

Peregrinus wrote: »

Phoenix Park and Stephen's Green both have their own bye-laws, made by the Board of Works. Pretty sure both ban drinking alcohol — if I recall them rightly, they basically ban any kind of fun at all — but I can't put my hands on them right now.

Neither ban alcohol.

GM228

Robbo wrote: »

I'm sure GM228 will know the answer to this but I think the park rangers in each place have a surprising list of powers, some of which may be suspect.

I know that when I researched public drinking byelaws before, I found that Galway City Council had given lifeguards (and basically any Council employee) powers of stop, search and seizure in a way that wouldn't stand up to any kind of scrutiny.

Park Ranges at Phoenix Park (and Killarney National Park) have powers of arrest for breach of bye laws, interesting to note the powers for both are pre 1937 Acts, so no presumption of constitutionality and a potential Article 50 challenge (there has never been any such challenge made).

The Galway bye laws are interesting, whilst the 2001 Act allows a LA to "include such provisions as the local authority considers appropriate for its effective application" and essentially giving them a blank cheque in terms of any most* ultra vires issues which could arise, there is also a question of compatability with constitutional rights and the justification for giving a power of stop and search to non-Gardaí.

*Actually there is a question of ultra vires in terms of stop and search, that's a matter for the Oireachtas to decide and would need to be provided for in the enabling Act, not any bye-law.

xl500

GM228 wrote: »

I said most public places, not everywhere - because most LAs have banned it.

Exactly it's Illegal in some public places

poisonated

Can you be convicted for drinking in public or is it a fine?

Victor

poisonated wrote: »

Can you be convicted for drinking in public or is it a fine?

Most places likely have a fixed charge notice (on the spot fine), but non-payment will mean court, which could mean conviction, fine and imprisonment in extreme cases.

Peregrinus

poisonated wrote: »

Can you be convicted for drinking in public or is it a fine?

In general, breach of local authority bye-laws is an offence. The penalty on summary conviction is a fine not exceeding £1,500 (€1,904), or any lesser amount that may be set by the bye-laws: Local Government Act 2001 s. 205.

The bye-laws themselves may provide the alternative of a fixed payment notice which you can pay to avoid prosecution: Local Government Act 2001 s. 206.
The fixed payment cannot be more than the maximum fine that could be imposed on prosecution and conviction (and will usually be less).

The Dublin City Council (Prohibition of Consumption of Intoxicating Liquor on Roads and in Public Places) Bye-Laws 2008 do provide the alternative of a fixed payment notice for an offence under the bye-laws; the fixed payment is €75. The maximum fine on conviction and sentences is set at €1,900. Other local authority bye-laws may differ.