Why is it that adults in Ireland are not trusted to have a beer in a park and behave themselves? Go to plenty of other European cities, and drinking in public places in moderation does not lead to anarchy. Society does not collapse when a bunch of people drink in a park in London or grab a Wegbier (a beer while you’re strolling or travelling from one place to another) in Berlin.
In the summer of 2020, the pandemic and outdoor socialising drew attention to the rarely-discussed rules around consuming alcohol in public spaces. In the Dáil at the time, Leo Varadkar seemed to split hairs, saying that drinking in public spaces was not against the law. His remarks may have appeared a bit “well, actually”, but Varadkar was correct in saying that drinking in a public place is not illegal under national law. It’s a local bylaw issue. He also pointed out that being drunk and disorderly is an entirely different matter in law, which it is.
Leaving the law aside for a moment, there is a big difference between consuming alcohol in a public place and being hammered in a public place. Bylaws on consuming alcohol in a public place ultimately express a pre-emptive approach. The impulse for banning public drinking across the board assumes that some consumption of alcohol in a public place will lead to some public drunkenness or “antisocial behaviour”, and therefore all of it is banned. But this is not the case in practice. It is only consuming alcohol to excess that leads to drunkenness. And public drunkenness itself is not strictly illegal.
The actual law regarding public drunkenness pertains to being “intoxicated to such an extent as would give rise to a reasonable apprehension that he might endanger himself to any other person in his vicinity”. The women of Ireland should pause their rejoicing at the term “he” not applying to them, and there should be no popping of bottles in celebration regarding any perceived loopholes (and certainly not on a boardwalk, beach or canal bank), because under Part 4, article 18 (i) of the Interpretation Act 2005, a word importing the masculine gender shall be read as also importing the feminine gender.
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But should an adult in Ireland be permitted to grab a beer from her fridge, and drink that beer strolling down the street? Why is that illegal? Who is actually being damaged by that behaviour? What danger to society is involved? Why should that behaviour be interrupted by a garda and subject to a fine or even an appearance in a District Court? What is the logical difference – in both behaviour and consequence – between doing that and going to a bar, buying a pint and sitting inside or outside to consume it? And would we really lose the run of ourselves if it were permitted?
In Dublin city, the bylaw prohibiting the consumption of intoxicating liquor on roads and in public places is based on an opinion of Dublin City Council that drinking in public places “is contrary to the proper use, operation, protection, regulation or management” of such places, and that it is behaviour that “seriously detracts from the proper purpose, amenity and enjoyment” of such places, and that it is in the interest of the common good that consumption should be controlled.
But there is a detail in the law expressing a permissive attitude towards large gatherings, where the bylaw can be relaxed during major civic celebrations, major sporting events and special community events. This is a common-sense approach. But why not go further? Why allow loads of people to drink in public in one context, and outlaw the same behaviour by an individual or small group in another?
Behaviour, of course, is not homogenous. Many will argue that for every responsible group of people who’d like a few beers in a park with friends and will clean up after themselves, there is another who will make a show of themselves and ruin it for everyone. Laws tend not to be made with the best hypothetical behaviour as a baseline, but the worst.
Laws are also made with the public good in mind. And yet with bylaws around the public consumption of alcohol, everyone is being protected from the potential negative consequences of public drinking, but no one is being facilitated to avail of the potential harmless pleasures of sharing some al fresco drinks.
In reality, there are not many days in the year when the opportunity to gather with friends in the sun in a park, beach or riverbank arises. Why not allow for it? The culture around alcohol in this country has also changed. Alcohol consumption in Ireland has fallen dramatically, by almost a third in 25 years. In 2024 alone, alcohol consumption in Ireland decreased by 4.5 per cent. Ireland is no longer a nation of heavy drinkers. It’s not laws that have caused this, it’s a confluence of behavioural changes that are social, cultural and generational. This reality offers an opportunity to treat people with the respect their maturity deserves.
What has not changed are laws in recognition of that generational shift. At the very least, public attitudes should be surveyed on this issue. If the general consensus is to continue these bans, then fine. But when it comes to the impulse to police behaviour, treating people as though they’re mature usually gets better results.
