Is it illegal to drink alcohol in public?

Alcohol forms a large part of British musical culture and as such, there are a number of laws in place that help to ensure that alcohol drinkers remain safe, respectful and do not infringe on the enjoyment of social spaces for others. 

Recent news has led to public outrage over an MP drinking a pre-mixed alcoholic drink on public transport in London. Despite not being thought to have been causing a scene or disrupting those around her, it was considered to be unacceptable behaviour by many because it was, in fact, illegal.

The following guide explains the laws relating to people drinking alcohol in public places, including when it is acceptable and when it is is prohibited.

Public Space Protection Order

The law in the UK states that only people over the age of 18 can drink alcohol and it is acceptable to drink in public places, unless the area has a Public Space Protection Order in place. The Public Space Protection Order, also known as a PSPO, is legislation that allows the police to stop people drinking in specific areas and effectively means that anyone who does drink alcohol in these places is liable for legal action to be taken against them.

Unlike in areas where no PSPO is in place, if a person is found to be drinking alcohol in spaces where a PSPO stands, the police are legally authorised to stop them drinking and confiscate any alcohol in their possession.

Even in areas that are not subject to a PSPO, the police have full authority to confiscate alcohol from any person under the age of 18 who has purchased the drinks or is found to be drinking them. They are also entitled to pursue further enquiries and contact the parents of the minors to raise concerns. People caught drinking alcohol in prohibited areas who are under the age of 18 can still be arrested for the offence by the police.

Drinking Alcohol Whilst Travelling on Public Transport

It is not illegal to buy or drink alcohol on national trains throughout the UK and this is usually the case for national buses services. However, local bus services are likely to have rules that prohibit the consumption of alcohol in reflection of the appropriateness of carrying young passengers as well as potentially intoxicated ones. 

Some train operators may run services that are referred to as ‘dry trains’ and this means that drinking alcohol on board is not permitted. Some services may even ban passengers from carrying alcohol on the train and this type of rule is usually applied to services that run near to and during football matches, festivals and gigs or other sporting events. When a service applies this type of temporary ruling, they will display notices in advance and usually have additional staff patrolling the platforms as people embark.

Recent developments on policies for TfL (Traffic for London) mean that it is now illegal for anyone to drink alcohol whilst travelling on public transport in the city. The regulations extend further to mean that it is also an offence to carry open containers of alcohol on such transport, including buses, trains, the Underground and Docklands Light Railway.

Of course, whether specific rules or laws are in place that prohibit drinking of alcohol in certain areas or not, there are other laws that aim to ensure that people act appropriately and safely in all places. Therefore, even if drinking alcohol is allowed in public spaces or on public transport, the consumer may still break laws if they act aggressively, offensively or antisocially and the police are entitled to intervene and confiscate alcohol and arrest individuals if deemed necessary.