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Irish Mirror
Irish Mirror
National
Ian Mangan

Drinking laws Ireland: All the situations when Gardai can legally confiscate your alcohol

With temperatures soaring and the bank holiday weekend ahead many people are likely to take the opportunity to socialise this weekend.

There was much furore this week following the scenes of people socialising across the country in particular in Dublin City.

Dublin City Council has been accused of failing to provide adequate facilities for people in the city with so much focus being put on an outdoor summer this year.

Meanwhile Gardai were forced to break up crowds disperse people from gathering in public spaces across the country.

Pubs across the country have been serving drinks on a takeaway basis over the last number of weeks while drinking outdoors has become commonplace among many.

However there have been reports of people having their sealed alcohol taken from them.

Here are the reasons that Gardai can take alcohol from you in public.

According to Citizens Information Gardai can confiscate alcohol if you are drinking in public and behaving in a way that could cause worry for safety.

They can also confiscate alcohol if it is being drunk by a person under 18, or where they have cause to believe that it will be consumed by a person under 18.

It is an offence to consume alcohol bought in a closed container (like a bottle or can) within 100 metres of the off-licence where it was sold. The law does not forbid a pub from delivering drinks to people’s homes, or allowing customers to bring drinks home.

"It is also an offence to be so drunk in a public place that you could reasonably be assumed to be a danger to yourself or to anyone around you.

The Criminal Justice (Public Order) Act, 1994 states: "It shall be an offence for any person to be present in any public place while intoxicated to such an extent as would give rise to a reasonable apprehension that he might endanger himself or any other person in his vicinity.

Its adds: "Where a member of the Garda Síochána suspects, with reasonable cause, that an offence under this section or under section 5 or 6 is being committed, the member concerned may seize, obtain or remove, without warrant, any bottle or container, together with its contents

Under section 5 “offensive conduct” means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour.

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