Drink - and who is in charge of the country

Do you believe this law is being enacted to stop ordinary people being drunk in public? If so, how is this law going to achieve this aim?
Click to expand...

My point was that your tag 'scumbags' would miss the fact that most sectors of society are guilty of overindulging when it comes to drink. Words like scumbags just detract from your point.
 
I don't think it is illegal to be drunk in public.

I don't think it is illegal to drink in public, except in specific areas designated by local bye-laws as "no public drinking" areas.

It is illegal to be drunk and disorderly in public.

There is a big difference.
 
ubiquitous said:
I don't think it is illegal to be drunk in public.

I don't think it is illegal to drink in public, except in specific areas designated by local bye-laws as "no public drinking" areas.

It is illegal to be drunk and disorderly in public.

There is a big difference.
Click to expand...

Apparently it is illegal to be drunk in public:

http://www.newrossstandard.ie/news/drunk-in-public-1322813.html

http://www.braypeople.ie/news/married-couple-drunk-in-public-1262998.html

[broken link removed]
 
I don't think you can make that inference Truthseeker - in each of the 3 examples you have given there were other misdemeanours involved:

urinating in public, lying on a pavement ('disorderly' presumably?) and fighting.

I cannot see how it's possible that it would be illegal to be merely 'drunk' in public as opposed to drunk & disorderly.
 
Caveat said:
I don't think you can make that inference Truthseeker - in each of the 3 examples you have given there were other misdemeanours involved:

urinating in public, lying on a pavement ('disorderly' presumably?) and fighting.

I cannot see how it's possible that would be illegal to be merely 'drunk' in public as opposed to drunk & disorderly.
Click to expand...
Yep, I think that Ubi makes a very valid point.
 
Purple said:
How about applying the existing laws and penalising people who are drunk in public?
Click to expand...
Of course. But that would make sense. As would enforcing the law in relation to off-licences and Pubs who sell to underage or intoxicated people. As with many problems it's down to lack of enforcement of current laws, but wanting to create the perception of doing something, our 'Leaders' come up with silliness like this. These measures will not solve the alcohol abuse problem in Ireland, they will only serve to irritate me and many others who throw a box of beer (maybe two if they're on offer) in the trolley at the Supermarket.

Hey, Purple, does the repeated failure by our politicians to employ common sense, practical solutions to various issues not shake your faith in their judgment?
 
Last edited:
I agree there were other issues involved but in the third example:

"Judge Fahy convicted and fined McDonagh €300 for breaching the peace last June and took the other charge of being drunk on that date into account."

I read the 'other charge of being drunk on that date' as it being seperate to his breach of the peace?

Similiarly (in the first one) - "FOR BEING drunk in public, a New Ross man was handed down a €70 fine at Tuesday's sitting of New Ross District Court.Eamonn Murphy from 29 Bosheen, New Ross pleaded guilty to being intoxicated in public and for urinating in public on November 4, 2007 at Quay Street." - this clearly differentiates between being intoxicated in public AND urinating in public as seperate offences.

I could very well be wrong, but in both of the above examples I read it as being drunk in public is an offence in itself.

In this one the person is given two different fines, one for being drunk in public, one for behaving in a threatening manner:
http://www.goreyguardian.ie/sport/other-sports/drunk-in-public-1322691.html

This one also distinguishes it as a seperate offence:
http://www.carlowpeople.ie/news/drunk-in-public-1322253.html

And this one has no other offences except being drunk in public involved at all:
http://www.wexfordpeople.ie/news/drunk-in-public-1310460.html
 
I can see what you mean TS, but I really think it's down to imprecise use of wording and/or poor reporting. Maybe the term 'disorderly' is regarded as a bit archaic now and it isn't really used any more?

I mean the guy who was 'drunk in public' must have been attracting attention in some way - if so, I would hazard a guess that he was behaving in a 'disorderly' manner.

I may be wrong of course, I simply cannot believe that it is illegal to be 'drunk' (without the element of 'disorderly') in public.

If so, technically, the gardaí would have a field day nearly every night of the week in the 'public' houses around the country. ;)
 
Caveat said:
I can see what you mean TS, but I really think it's down to imprecise use of wording and/or poor reporting. Maybe the term 'disorderly' is regarded as a bit archaic now and it isn't really used any more?

I mean the guy who was 'drunk in public' must have been attracting attention in some way - if so, I would hazard a guess that he was behaving in a 'disorderly' manner.

I may be wrong of course, I simply cannot believe that it is illegal to be 'drunk' (without the element of 'disorderly') in public.

If so, technically, the gardaí would have a field day nearly every night of the week in the 'public' houses around the country. ;)
Click to expand...


Yes - you are absolutely right. Perhaps it has become somewhat de-criminalised and although the offence exists you have to be attracting negative attention to be charged for it?
I dont know the answer - I was simply putting forward the point that according to a quick google it would appear it is an offence in and of itself.
 
.—(1) 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.
[GA](2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £100.
Click to expand...

This is the wording of the relevant offence under the Criminal Justice Act of 1994.
 
Thanks Vanilla!!!

Whats 'reasonable apprehension'?
My level of reasonable apprehension might be much lower than yours?
 
That's put in there so that solicitors can challenge cases and actually stand a chance of winning.
 
I understand that the Gardai will be able to send underage people into off licences to buy drink, and then prosecute the off license for doing so.

Now, I'm no expert in Irish law, but is that not entrapment?
 
You must log in or register to reply here.
Back
Top