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Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in certain countries related to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.
Barbados maintains 16 years of age as when a person is legally able to consume alcohol in public. Although being disorderly while intoxicated is illegal and the Barbados Police Force can be asked to evict drunken individuals from public establishments. [1]
In Brazil, it is legal and usually socially acceptable to drink alcohol in public areas. Being publicly intoxicated is a misdemeanor, but laws are rarely, if ever, enforced.
In Canada, liquor is regulated by the provinces rather than the federal government.
In British Columbia and Ontario, drinking in public and public intoxication are offenses. Permits are required for events in public places that involve alcohol. In Ontario, having an open container in public garners a $125 fine and public drunkenness garners a $65 fine and detainment until sober. While liquor laws are similar in provinces, the laws in territories tend to be substantially different. For instance, in the Northwest Territories public intoxication can result in imprisonment or detention in a medical facility for up to 24 hours (NWT Liquor Act).
In Chile, it is illegal to drink alcohol in any public place or unlicensed facilities. The law may or may not be enforced, depending on the location, time of the day and the behavior of the offender.
Penalties may include the confiscation or seizure of the alcoholic beverage, fines or arrest
Drinking alcohol in public places, such as streets and parks, is against the law in most of the United States, though there is no specific federal law that forbids the consumption of alcohol in public. [2] Some states, such as Nevada, do not criminalize public intoxication at all (though excessive drunkenness can often lead to other alcohol-related crimes). [3] There are even some cities that allow exceptions: two notable examples being New Orleans, Louisiana (consumption in the streets is legal, but only in plastic containers) and Butte, Montana (which allows public consumption for a certain number of hours throughout the day). [4]
An individual doesn't necessarily need to be intoxicated in order to be charged with a crime:
. . . under most public intoxication laws, the individual charged with the offense does not actually have to be drunk. Instead, he or she need only appear to be drunk or be acting in a disorderly manner. This is because the crime is meant to protect against a public environment that threatens or intimidates others, or discourages them from using public spaces. Accordingly, an individual who is not actually drunk, but is acting in such a manner, can be charged with the crime. [5]
In 1968, in the case of Powell v. Texas , the Texas law against public intoxication was challenged in the Supreme Court of the United States for alleged violation of Eighth Amendment, which forbids cruel and unusual punishment. The court upheld the law, ruling that criminalizing public intoxication was neither cruel nor unusual.
In summary, misconducting in public while drunk could be fined in California, Georgia, Indiana, Iowa, Texas and Virginia.
From 1 April 2015, public drinking was banned from 10:30 p.m. to 7 a.m. daily. [19]
Additional restrictions on public drinking are applied to Geylang and Little India which are declared Liquor Control Zones. The additional restrictions for Geylang and Little India are from 10:30 p.m. on Fridays to 7 a.m. on Mondays and from 7 p.m. on the day before public holidays to 7 a.m. on the day after the public holiday. Retailers within the Liquor Control Zones are not allowed to sell takeaway liquor from 10:30 p.m. to 7 a.m. on weekdays (except on the day before public holidays and the day of public holidays) and from 7 p.m. to 7 a.m. on weekends, on the day before public holidays and on the day of public holidays. Retailers and F&B outlets are not allowed to sell liquor from 10:30 p.m. to 7 a.m. daily.[ citation needed ]
According to data from the World Health Organization, drinking in public is regulated in the European countries for which data was provided as follows: [20]
Legend:
In the United Kingdom, there are a number of offences dealing with intoxication, which vary between the constituent countries.
In a public place, it is an offence to be:
It is also an offence to be drunk:
While drunk, it is an offence:
The police will only get involved if the person is so drunk they are unable to act in a reasonable manner, such as passing out on the street. In that case, typically the police will, depending on the circumstances, help the intoxicated person on their way or place the person in a police station cell until sober. Once fit to be dealt with the detained person will normally either be cautioned, be issued with a penalty notice for disorder (PND – £90 fine in ticket form), or bailed to appear at the local court. The court in turn may issue a fine (up to level 1 or level 3 on the standard scale depending on the offence charged).
Furthermore, in England and Wales the police have the power (although not the obligation) to confiscate any alcohol which is being consumed in public by those under 18, and local authorities have the power to prohibit alcohol consumption in certain areas. [35]
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The Royal Commission into Aboriginal Deaths in Custody (1987–1991) found public drunkenness disproportionately affected Aboriginal people. [36] Public drunkenness was decriminalised in New South Wales in 1979, [37] in South Australia in 1984. [38]
In New South Wales, police have the discretion to issue "on the spot" fines or infringement notices for "drunk in public", a fine that can cost the individual over $480 (4 penalty units).[ citation needed ] Community Legal Centres across the state complain about these fines and the impact it has had on various vulnerable members of the community, including young people, homeless people, and minority groups.[ citation needed ] For example, a "drunk and disorderly" fine in New South Wales starts at $550.[ citation needed ] [39] As of February 2009, local councils in New South Wales are not allowed to charge people who drink in alcohol-free zones; they are only permitted to confiscate the alcohol of the intoxicated person.[ citation needed ]
By legislative changes in February 2021, Victoria will finally decriminalise public drunkenness from November 2022, after which drunkenness will be treated as a public health issue, not a criminal one. [36] [40] In Victoria, there are currently two drinking offences: "drunk in a public place" and "drunk and disorderly in a public place". [41] These are separate offences contained in the Summary Offences Act 1966 which have their own power of arrest. Changes in 2006 allow police to issue an infringement notice for these offences, [42] in addition to the traditional method of charging and bailing the offender to the Magistrates' Court. The current fine attached to the infringement notice is $590 for a first offence and $1,100 for a subsequent offence. [43] A person arrested for being drunk or drunk and disorderly is held at the Melbourne Custody Centre or the cells at a police station or placed in the care of a friend or relative.
Queensland is the only state left within Australia that has a specific criminal offence of public drunkenness still in force. [44] [45] In late 2024, the Northern Territory immediately re-introduced enacted laws to explicitly ban public drunkenness and being a public nuisance as two board stand alone criminal offenses. [46]
In New Zealand, drinking in public is not a crime. Instead, local governments must specify that alcohol is banned in an area before it is considered a crime to drink in that location. Being drunk in public is not specifically an offense unless the person who is intoxicated is a public nuisance, in which case they may be dealt with for 'disturbing the peace'. This will usually result in being taken home, or otherwise taken to a police cell until sober.