Public drinking.

ShatterAlan

The title, I'll admit is a bit vague.


The laws around drinking alcohol in public are kind of "flexible"....which is fine.



But I would like to know if it's actually legal for Gardai to confiscate or dispose of alcohol from someone's backpack? I saw a video of Gardai going through peoples' bags, taking out cans, cracking them open and pouring them into the street or drain.


Now, I really don't want to hear any argument about whether drinking is right or wrong. I just want to know if it's legal for Gardai to do this?


If you are 18 years of age then you are legally entitled to buy a can of beer and have it in your backpack. Would it be legal for a Garda to take out a bag of crisps or a bottle of fruit juice or a bar of chocolate and simply dispose of it?


Not sure if this is a "politics" post but I thought I'd ask in AH.

dxhound2005

I saw Guards doing this in Clones. There was a football match on, and they had decided that nobody could go beyond a certain point on the street with containers of alcohol. So it must be legal.

bigroad

Does that mean that if your walking down the street with your shopping ,that they can take out a few cans of beer and pour them in the street.
I don't think so.

Section 22 public order act 1994.

I believe there was another amendment to this act, that allows for confiscation of alcohol, but I don't know it, and can't be bothered looking it up!
But it does exist.

ShatterAlan

dxhound2005 wrote: »

I saw Guards doing this in Clones. There was a football match on, and they had decided that nobody could go beyond a certain point on the street with containers of alcohol. So it must be legal.

No, that's different. I saw them taking "CLOSED" cans out of peoples' bags and cracking them open and pouring them into the street.


If that is ok then they can stop someone coming from the supermarket and take out her bottle of wine and just spill it into the drain.

The DayDream

I remember during rag week walking thru Sligo one evening, loads of students walking around drinking and seeing a gardai in a stab vest jump out of an unmarked car, single one lad out who was walking with a bottle of Morgan (look like it had coke mixed in it) and snatch the bottle out of the guys hand, without any word of warning whatsoever, or even identifying himself as a guard (other than the vest was all in plainclothes).

When the confused/sozzled student said, 'Oi!' at this the guard roared a torrent of abuse in his face, spit flying everywhere, threatening him with jail. Obviously trying to get a reaction off this lad who he must have assumed would react being influenced by hard liquor, but the kid kept his cool and walked on.

This incident and other experiences of public order arrests have led me to believe the gardai will do as they please in these situations as a judge will always take their side, especially when the defendant has 'had drink taken.'

ShatterAlan

bubblypop wrote: »

Section 22 public order act 1994.

I believe there was another amendment to this act, that allows for confiscation of alcohol, but I don't know it, and can't be bothered looking it up!
But it does exist.

Does that mean that alcohol can be confiscated OR disposed or?


It strikes me as very illegal.


If I'm coming from the shops with my groceries then a Garda can simply stop me, open my bag, take out the can of beer or the bottle of plonk and just spill it down the drain?

TheChizler

Another thread covered this a couple of weeks back. Basically some Dublin council byelaws allow confiscation of all alcohol in your possession if you're caught drinking any. They can't take if out of your shopping unless you've already started sessioning.

cdeb

ShatterAlan wrote: »

No, that's different. I saw them taking "CLOSED" cans out of peoples' bags and cracking them open and pouring them into the street.

Where did you see this or in what context?

You haven't said, and it's probably relevant

ShatterAlan

ShatterAlan wrote: »

Does that mean that alcohol can be confiscated OR disposed or?


It strikes me as very illegal.


If I'm coming from the shops with my groceries then a Garda can simply stop me, open my bag, take out the can of beer or the bottle of plonk and just spill it down the drain?

Not unless the circumstances are such that it allows them to do it.
Read the public order act.
They won't be sitting outside Tesco throwing your groceries down the.drain!

ShatterAlan

I just saw Gardai simply taking people's stuff and disposing of it and then there was this directive:


https://www.rte.ie/news/coronavirus/2021/0621/1229376-ireland-covid/?utm_source=xtremepush&utm_medium=webpush&utm_campaign=Garda+Commissioner+Drew+Harris+issues+instruction+for+garda%C3%AD+to+use+discretion+in+relation+to+outdoor+drinking+%28xtremepush+%2354159879%29&utm_term=notification+%23714178685_851080262&utm_content=A


Maybe it's illegal to sit and drink alcohol but it can't be legal to have closed containers simply taken off you and disposed of.

ShatterAlan

TheChizler wrote: »

Another thread covered this a couple of weeks back. Basically some Dublin council byelaws allow confiscation of all alcohol in your possession if you're caught drinking any. They can't take if out of your shopping unless you've already started sessioning.

I was just asking.


I'm not looking for an argument here. Is it legal for a Garda to take containers of alcohol from your bags and destroy/dispose of them? That's all I'm asking.

ShatterAlan

ShatterAlan wrote: »

I was just asking.


I'm not looking for an argument here. Is it legal for a Garda to take containers of alcohol from your bags and destroy/dispose of them? That's all I'm asking.

Read the public order act

Zaney

Says here they can confiscate it if they believe it will be consumed by someone under 18

https://www.citizensinformation.ie/en/justice/criminal_law/criminal_offences/alcohol_and_the_law.html#

atilladehun

ShatterAlan wrote: »

I was just asking.


I'm not looking for an argument here. Is it legal for a Garda to take containers of alcohol from your bags and destroy/dispose of them? That's all I'm asking.

I've seen Garda do this too.

I think you've misread the post you quoted. It's an answer to your question, nothing aggressive about it.

ShatterAlan

bubblypop wrote: »

Read the public order act

I just have read Section 22 public order act 1994.


It mentions "crossing a boundary to an 'event'"


It mkaes no reference to the confiscation of liquor, intoxicating or otherwise, when in a public space.

I can understand the Gardai taking intoxicating drinks from people who are on their way to an "event" such as a match or a concert. What I don't see in this ACT is the reasoning or legality behind taking alcohol from people's bags and disposing thereof. Do you?

ShatterAlan

TheChizler wrote: »

Another thread covered this a couple of weeks back. Basically some Dublin council byelaws allow confiscation of all alcohol in your possession if you're caught drinking any. They can't take if out of your shopping unless you've already started sessioning.

But I've seen them taking it out of peoples' possession. And disposing of it.

ShatterAlan

ShatterAlan wrote: »

I just have read Section 22 public order act 1994.


It mentions "crossing a boundary to an 'event'"


It mkaes no reference to the confiscation of liquor, intoxicating or otherwise, when in a public space.

True, there was some amendment if I rem right, but I don't rem offhand, I'll try to look it up.
They can.take.it.also from underage people.

I would be very surprised to see gardai taking alcohol from people walking home with their.groceries in a bag!

km991148

bigroad wrote: »

Does that mean that if your walking down the street with your shopping ,that they can take out a few cans of beer and pour them in the street.
I don't think so.

Happened to someone I knew at at Paddy's Day. He was cutting across town to see his mate. Absolutely fuming especially as the shops were closed..

SEPT 23 1989

You can’t confiscate it if it’s in someone’s bag and it’s unopened unless they are underage

cdeb

ShatterAlan wrote: »

I just saw Gardai simply taking people's stuff and disposing of it.

That doesn't give any context though.

What was the context? Where were these people and what were they doing?

km991148

SEPT 23 1989 wrote: »

You can’t confiscate it if it’s in someone’s bag and it’s unopened unless they are underage

They definitely have though.

YFlyer

The DayDream wrote: »

I remember during rag week walking thru Sligo one evening, loads of students walking around drinking and seeing a gardai in a stab vest jump out of an unmarked car, single one lad out who was walking with a bottle of Morgan (look like it had coke mixed in it) and snatch the bottle out of the guys hand, without any word of warning whatsoever, or even identifying himself as a guard (other than the vest was all in plainclothes).

When the confused/sozzled student said, 'Oi!' at this the guard roared a torrent of abuse in his face, spit flying everywhere, threatening him with jail. Obviously trying to get a reaction off this lad who he must have assumed would react being influenced by hard liquor, but the kid kept his cool and walked on.

This incident and other experiences of public order arrests have led me to believe the gardai will do as they please in these situations as a judge will always take their side, especially when the defendant has 'had drink taken.'

During Rag week University of Limerick one year, the gards took drinks off you if they were not in a bag.

EmmetSpiceland

The Gards are no craic.

Sephiroth_dude

Already a thread in CA about this

Here