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Drinking in Public and Allowing BYOB on premises

  • 02-06-2016 07:12PM
    #1
    richy
    Registered Users, Registered Users 2 Posts: 502 ✭✭✭


    I have two scenarios that I was thinking about recently.

    1) Is it illegal to drink in a grassy area of a housing estate. Is that considered drinking in public? The housing estate would be a privately owned in terms of houses. Unsure of how the green area is owned but would imagine it too is owned by the housing estate as it is kind of fenced off from the rest of the area.

    2) Is there anything stopping anyone opening up a large area of land to allow people to BYOB and charge people corking and refrigerating fee? Besides insurance and all that crack, would it be considered different to selling drink and therefore you wouldnt need a licence?

    Has it ever been done?

    These are two seperate thoughts I have had. I am not planning on opening up a BYOB beer garden in a housing estate lol. Nor am i thinking of doing it at all. Just curious.

    Thanks


Comments

  • #2
    seamus
    Registered Users, Registered Users 2 Posts: 68,173 ✭✭✭✭seamus


    richy wrote: »
    1) Is it illegal to drink in a grassy area of a housing estate. Is that considered drinking in public? The housing estate would be a privately owned in terms of houses. Unsure of how the green area is owned but would imagine it too is owned by the housing estate as it is kind of fenced off from the rest of the area.
    It's not illegal to drink in public in Ireland.
    Bye-laws can be set in this regard by local authorities, so the specific bye-laws related to each local authority would come into play.
    If the piece of land is not publically owned, however, the powers of the local authority will likely be very limited.

    That's not to say that the Gardai won't arrive up and disperse a crowd in the interests of public safety.
    Is there anything stopping anyone opening up a large area of land to allow people to BYOB and charge people corking and refrigerating fee? Besides insurance and all that crack, would it be considered different to selling drink and therefore you wouldnt need a licence?
    Planning regulations. Having 200 people over to your private field for a bit of a garden party is fine.

    But if you're going to be regularly hosting "parties" and charging for corkage, then you're operating a business and the land won't be approved for that kind of activity.


  • #3
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    /Mod//
    While I do not disagree with Seamus's post I have to close this thread as legal advice cannot be given here


This discussion has been closed.
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