Drinking alcohol in public

It’s illegal to drink in public in many places in the UK. Find out the law here

Did you know that, depending on where you are, drinking alcohol in public could mean you’re breaking the law?

There are different laws and rules covering drinking alcohol in public, on public transport, and to prevent underage drinking in public too.

UK councils can ban drinking in certain areas

In England and Wales councils can use Public Spaces Protection Orders (PSPOs) to restrict the consumption of alcohol in a public space where it is associated with anti-social behaviour. It is an offence to fail to comply with a request to stop drinking or to surrender alcohol in a controlled drinking area.¹

In Scotland, each local council has its own set of rules (bye-laws) on where you can and cannot drink in public places.² And in Northern Ireland, district councils also have the power to make bye-laws prohibiting consumption of alcohol in public places. Once an area is designated, it is an offence to consume alcohol in that area.³

Drinking alcohol somewhere it’s been banned, or refusing to comply with a police officer’s request, can lead to a fine or even being arrested.

PSPOs give police officers special powers to order a person to stop drinking alcohol in public and confiscate it from them.⁴

Alcohol and public transport

Drinking alcohol is banned on many public transport services in the UK. For example, consuming alcohol or carrying an open container of alcohol isn’t allowed on:

TfL services (buses, trams, tubes and Docklands Light Railway) in London⁵
Scotrail train services in Scotland (outside the hours of 10am and 9pm)⁶
Translink trains and buses in Northern Ireland (apart from alcohol purchased on board its Enterprise trains)⁷

Alcohol restrictions apply to many other bus and train services too – if you’re not sure, check with the operator of your service.

Usually, these bans are enforced through the operator’s terms and conditions for passengers. But refusing to comply could lead to the police getting involved.

It’s an offence to be drunk on a train in the UK – you could be given a Penalty Notice for Disorder (PND) and fined.⁸ You can also be refused permission to travel if you’re drunk.⁹

There are rail services in the UK (often longer distance routes) where buying or drinking alcohol are allowed. However, operators can decide to run 'dry' trains where you can’t consume or carry alcohol on board. For example trains going to football matches or other sporting events. Where this happens, notices are put up in advance to warn passengers.

Being drunk in public

In England, Wales and Northern Ireland you can be given a Community Protection Notice (CPN) or Criminal Behaviour Order (CBO) as punishment for antisocial behaviour in a public place – this includes drunken behaviour. CPNs and CBOs replaced Antisocial Behaviour Orders (ASBOs).

A CPN can be given by a court if it gets persistent reports of antisocial behaviour from the police or council. You can only get a CBO if you’ve been convicted of a crime.¹⁰ For both CPNs and CBOs, you must follow certain rules, or you could get a more severe punishment. The punishment for not following the rules vary. For a CPN you could be given a fine of up to £2,500. The punishment for not following a CBO can be up to five years in prison or an unlimited fine (or both) if you’re 18 or over.¹¹

In Scotland, ASBOs are still used to tackle drunken behaviour. Getting an ASBO means you won't be allowed to do certain things such as drinking in the street. Breaking or 'breaching' your ASBO is a crime and you can be taken to court. The sentence you get will depend on why you broke the terms of your ASBO and your age.¹²

Underage drinking in public

Throughout the UK you can be stopped, fined or arrested by police if you’re under 18 and drinking alcohol in any public place (not just places with council restrictions). The police also have powers to confiscate alcohol or move people on.¹³