The Prohibition on Consumption of Alcohol in Public Places

The Scottish Government is clear that public drinking can often be a nuisance to local communities and can greatly hamper the quality of life for residents in a particular area. Currently, thirty one local authorities have alcohol byelaws in force and that demonstrates how seriously local authorities are tackling the problem of reducing the nuisance and disorder commonly associated with public drinking. To date, more than 480 towns and villages across Scotland, together with the built up areas within the city of Glasgow and Edinburgh have such byelaws.

Local authorities have the power to make byelaws to prohibit drinking in designated public places under provisions contained in the Local Government (Scotland) Act 1973, subject to confirmation by the Scottish Ministers.

The original model byelaw makes it an offence to drink alcohol in a designated public place. However, a number of alternative byelaws have been developed to take account of perceived difficulties in enforcement. An up to date guidance document ( Circular No. JD/08/2009) was issued in 2009 by the Scottish Government to local authorities and other interested parties, explaining the process of confirmation of the byelaws, and the alternative offence models. This enables local authorities to choose a suitable model for their needs.

If you are a member of the public and wish to know about alcohol byelaws that are in operation within your area or wish to suggest that an alcohol byelaw should be brought in, please contact your local authority.

Page updated: Monday, November 22, 2010