Drink Driving Penalties include fines and loss of licence.

What is the law on drinking alcohol in public?

Drink Driving

If you drink in your car you could face a breathalyser test under the Transport Act 1981 and the Road Traffic Act 1972 and 1991. The police do not even necessarily have to catch you actually drinking in your car; if they see you approaching a vehicle you seem to intend to drive, or you are sitting or sleeping in your car, and they suspect you are drunk or will drink when driving, you can be stopped and breathalysed. Drink driving penalties can be severe: common drink driving penalties include fines and loss of licence. And, if you injure someone whilst under the influence, drink driving penalties will be much harsher and can include imprisonment.

There are no specific laws that prevent you from consuming alcohol in public, but many Local Authorities now have alcohol-free zones in some areas of their towns and cities. These areas stop you from drinking either at any time of the day, or during specific time periods. These areas will be policed and any offenders cautioned about their behaviour. These areas came into being as a consequence of the Criminal Justice and Police Act 2001. You can expect on-the-spot fixed penalty fines if caught drinking in these areas of your town.

Even if it is not illegal to drink in public, it is nonetheless illegal to be drunk and disorderly in public. The main pieces of legislation to be aware of is the Licensing Act 2003 that applies to England, Wales and Northern Ireland, and the Licensing (Scotland) Act 1976. In addition, the Licensing (Low Alcohol Drinks) Act 1990 changed what is defined as being intoxicated that now sets a threshold of 0.5 per cent by volume.

Most local authorities now have bylaws that govern the consumption of alcohol. Also, the Confiscation of Alcohol (Young Persons) Act 1997 gives the police the power to confiscate alcohol from anyone that is under the age of 18. Drinking in public places can also include at sporting venues and also in the transport to get to these events. The Transport Act 1980 and the Sporting Events (Control of Alcohol) Act 1985 governs how alcohol can be consumed in these circumstances. The Transport Police are heavily involved in the policing of these regulations.