Introduction
Everyone
enjoys getting a little wild every now and again, and with the effort put into
work, classes, friends and family it is well-deserved fun. Unfortunately
sometimes an innocent night in town can have serious consequences.
What
this article will address are some of the many bad situations you may find
yourself in.
General
Knowledge
Everyone in Ireland knows, or should know,
that the legal drinking age is 18. That means you can’t buy, consume, or have
alcohol on your person if you are under the age of 18. If you are of legal age
it is also illegal to buy or give alcohol to a minor the consequence for which
can span from a fine of €1,500 for the first offence to a fine of €2,000 for
any subsequent offence.
Although you can be denied entry to a club
due to intoxication you cannot be refused because of your gender, race,
physical and/or mental abilities or any other unlawful discrimination. This is protected
under the Equal Status Acts 200 to 2004.
The Criminal Justice (Public
Order) Act 1994 is the main statute governing what you can and cannot do on a
night out. This includes such things as:
·
Being drunk in public
·
Drinking in public
·
Having alcohol on your person
·
Offensive conduct late at night
·
A breach of the peace
·
Confiscation of alcohol
Another act, the Intoxicating Liquor Act
2003, mainly regulates ones conduct in a licensed premises.
Drinking in
public and Having Alcohol on Your Person
Going out clubbing can be an expensive way
to blow off steam and it’s usually the drinks that really jack up the price.
Because of this many people choose to pre-drink. You often see discarded
bottles along the street or just outside of clubs and though we know that
littering is illegal, is having that alcohol in your purse, or anywhere else on
your person an offence?
At the moment, there is no national
legislation prohibiting drinking in public. However, each local authority is
allowed to pass bye-laws prohibiting the consumption of alcohol in a public
place. Your local authority would have information about the bye-laws in your
area. In the meantime it would be wise to refrain from drinking in public until
you have done a little research!
Being Drunk
in Public
Even if you chose to pre-drink at home you
still have to somehow find your way to the club with that alcohol in your
system, which begs the question: is it illegal to be drunk in public? According
to the Criminal Justice (Public Order) Act 1994, it is an offence for you to be
so drunk in a public place that you could reasonably be presumed to be a danger
to yourself or to anyone around you. If you are found guilty of this offence
your alcohol can be confiscated and you could be slapped with a fine.
Moral of the story being: Know your limits
and do not surpass them especially in a public venue.
Confiscation
of Alcohol
If we could, we would all bring our own
alcohol into the club; it’s cheaper and more accessible. Unfortunately it would
not be allowed through the door. But is it ever okay for that alcohol to be
taken from you without your permission?
We learnt from the last section that the
Guards can confiscate your alcohol if you are so drunk that you are a danger to
yourself or others. According to section 22 of the same act, in relation to an
event, where it appears to a member of the Garda that a person is about to
enter, or has entered, the place where the event is taking place and the person
has, or is suspected to have, in his possession any intoxicating liquor, the Garda
may then exercise searches of that person or any vehicle which he may be in to
ascertain whether he has with him any liquor and can refuse to allow that
person to proceed to the event unless that person surrenders permanently to a
member of the Garda the liquor.
Being Turned
Away From a Club
No one likes to be turned away from a club,
and clubs don’t like having to turn away business, but quite often public
safety takes precedence. According to section 4 of the Intoxicating Liquor Act
2003: a licensee cannot supply liquor to a drunken person, permit them to
consume the liquor, permit drunkenness to take place in the bar or admit any
drunken person to the bar at the risk of a fine. The same applies to a person who
is not a licensee: they are not allowed to purchase or supply alcohol to a
drunken person.
On the same note, a drunken person is
required to leave a licensed premises if they are requested to do so by the
licensee or a member of the Garda and may not seek entry to the bar of a
licensed premises. The consequences can be merely a fine but commission of this
offence also permits a member of the Garda to arrest without warrant any person
whom they suspect of being guilty of such an offence.
Offensive Conduct
Late at Night/Breaching the Peace
Many of us are excited when we leave the
club at 4am after hours of dancing and screaming lyrics at the top of our lungs
and sometimes the party carries on outside. However, section 5 of the Criminal
Justice (Public Order) Act 1994 states that it is an offence for any person in
a public place to engage in offensive conduct between the hours of 12 o’clock
midnight and 7 o’clock in the morning at the risk of a fine. Section 6 of the
same act follows on from section 5 by adding that it is an offence for any
person in a public place to use or engage in any threatening, abusive or
insulting words or behavior with intent to provoke a breach of the peace or
being reckless as to whether a breach of the peace may occur. This not only
carries the possibility of a fine but up to a three month imprisonment.
Similarly, offensive conduct inside a
nightclub can lead to consequences. In the least you will be asked to leave the
premises, both the licensee and any member of the Garda have the power to do
this; you will not be allowed to re-enter for a period of 24 hours. A fine and
arrest could follow.
Conclusion
Always be aware of your rights!!! This is
an important rule for all aspects of one’s life. In regards to partying, don’t
take it to the extreme:
·
Have a few drinks, not as many
as you can stomach.
·
Drink plenty of water and grab
a snack (everyone loves a good roll) before heading home.
·
Go out with people you trust so
you’re happy and having a good time.
One last rule: Always use your head. Most
of this is common sense, act responsibly and you should run into no problems
with the law!
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