Gardai confiscation of alcohol

passive

Just a small question to settle an argument if anyone can help:

Yesterday in town i was on my way to the ceili and 2 gardai stopped my friend, searched his bag and removed (my) 2 cans of bulmers. My presenting of ID and appeal to have it back on my way home were politely ignored.

I'm fully aware that drinking in public is illegal et all but i'm a little confused about possession of alcohol being a crime. My friend insists that because it was a public event (we were on the road leading up to the stage when this happened) they were entitled to take the drink from us and to back up this pointed he used "concerts in marley park and phoenix park" as examples.

The argument then deteriorated into yelling due to lack of solid proof on either side so i decided to look it up. But..there's a lot of law out there and i've had no look googling this, boards searching it or reading some intoxicating liquors acts.

Just to point out that this isn't some "I DEMAND JUSTICE" whine or anything and, yeah, okay, i probably would have been drinking it in a while (and was quite annoyed to later see the same guards ignoring 2 guys walk past them while knocking back cans) but just to settle the argument i'd like to know the legalities of this. At a public event on a public street with no clear entrance, no tickets or disclaimers and no signs banning possession of alcohol can someone be randomly searched and have drinks taken from them? technically speaking as opposed to in practice..cos the answer to that one is yes.

thanks for any help or at least no smartass answers or insults

(edit: and a tip on where i can find any legislation to back up answers would be nice too...cos anecdotal evidence won't win an argument with this friend. he's very high strung/violent -_-')

whiskeyman

you mentioned you were on the road to the stage.... were you in the vicinity of the public space set aside for the event?
They usually have restrictions on bringing your own alcohol to such areas (like Marley etc..) and it can be conficated.
I dont think you really have any right then to ask for it back... you should know you can not be in possesion of it in such areas and should not carry it in the first place.


However, if you were away from the ceili area, the gardai have no right to confiscate the alcohol. You could have been just doing your shopping and innocently in the area.... what right do they have to swipe it from you?

This is on the basis that you were not drunk in a public place that you could not reasonably be presumed to be a danger to yourself or to anyone around you (law against this with €127 fine)

(I presume you're over age btw...)

seamus

OK -
Is your friend overage (he was the one carrying the booze)?
Where exactly where you stopped? Was it within the grounds of the place where the ceili was?

passive

yeah, i'm over 18 and was completely sober but your first point seems to be the answer then.

the Ceili was just on the road (i don't know the name of it...past Stephen's green)..the stage was at the top of the road, we were walking towards it at the bottom of the road. So yes, seems I was wrong

The only thing is there weren't exactly "grounds" for the ceili or any clearly marked area between "being on a street" and "being on ceili land" but that's a moot point and i suppose I'll have to admit i was wrong/never mention the argument again...


(edit: and my friend was overage too but i don't think he presented his ID when they took it... sadly I wasn't present to care/defend the rights of my drink . My argument Re: Marley and all was that you buy tickets for those events with disclaimers that tell you you'll be searched and can't possess such things as alcohol.. and in this situation there was no fenced off area he chose to walk through; just some guards by the side of the road stopped him.. but oh well)

whiskeyman

you were unlucky.
They really should have the area cordended off with signs saying "do not bring alcohol into area".
I was in london last Sunday (thats when they celebrated PAddys Day) and they closed off Trafalger Sq and had stewerds and signs telling people not to bring in beer... and beer was sold within the square itself.
The open nature of the event meant that two young lads like yourselves (and one with a bag-pack) were an easy target for the cops.

mcmonkeys1

Citizen's information is a good source of updated information in general.

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

Crow92

mcmonkeys1 wrote: »

Citizen's information is a good source of updated information in general.

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

Thread is 6 years old?

Seloth

LOL! N00b!

mcmonkeys1

dammit! google leads me here and i never check the dates. i already have an infraction for this behaviour.

Cocaine

mcmonkeys1 wrote: »

dammit! google leads me here and i never check the dates. i already have an infraction for this behaviour.

Jesus, you're here 4 years and have racked up 6 posts.
It's good to hear from you again.

Crow92

Cocaine wrote: »

Jesus, you're here 4 years and have racked up 6 posts.
It's good to hear from you again.

You say again but you've been here a week:cool:

Cocaine

Crow92 wrote: »

You say again but you've been here a week:cool:

I've been contributing more than that guy in that time.
Internet Forums don't work if people don't post.
I know, I've been on another forum since 1998.
I'd also like to change my username, people are going to think I'm on drugs.
I just like the name cocaine:(
Don't judge a book by its cover.