Alcohol law

A warning sign in Belfast, Northern Ireland

Alcohol laws are laws in relation to the manufacture, use, influence and sale of ethanol (ethyl alcohol, EtOH) or alcoholic beverages that contains ethanol.

History

Temperance movement

Alcohol law by country

Prohibition

Outright prohibition of alcohol

Some countries forbid alcoholic beverages, or have forbidden them in the past. People trying to get around prohibition turn to smuggling of alcohol – known as bootlegging or rum-running – or make moonshine, a distilled beverage in an unlicensed still.

Canada

Canada imposed prohibition at the beginning of the 20th century, but repealed it in the 1920s.

India

In India, manufacture, sale or consumption of alcohol is prohibited in the states of Bihar, Gujarat, Manipur and Nagaland,[1] as well as the union territory of Lakshadweep. Prohibition has become controversial in Gujarat, following a July 2009 episode in which widespread poisoning resulted from alcohol that had been sold illegally.[2]

All Indian states observe dry days on major religious festivals/occasions depending on the popularity of the festival in that region. Dry Days are specific days when the sale of alcohol is banned, although consumption is permitted. Dry days are also observed on voting days. Dry Days are fixed by the respective state government. National holidays such as Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanthi (October 2) are usually dry days throughout India.

Nordic countries

Two Nordic countries (Finland and Norway) had a period of alcohol prohibition in the early 20th century.

In Sweden, prohibition was heavily discussed, but never introduced, replaced by strict rationing and later by more lax regulation, which included allowing alcohol to be sold on Saturdays.

Following the end of prohibition, government alcohol monopolies were established with detailed restrictions and high taxes. Some of these restrictions have since been lifted. For example, supermarkets in Finland are allowed to sell only fermented beverages with an alcohol content up to 4.7% ABV, but Alko, the government monopoly, is allowed to sell wine and spirits. This is also the case with the Norwegian Vinmonopolet and the Swedish Systembolaget (though in Sweden the limit for allowed ABV in supermarkets is 3.5%).

United States

Detroit police inspecting equipment found in a clandestine brewery during the Prohibition era.

In the United States, there was an attempt from 1919 to 1933 to eliminate the drinking of alcoholic beverages by means of a national prohibition of their manufacture and sale. This period became known as the Prohibition era. During this time, the 18th Amendment to the Constitution of the United States made the manufacture, sale, and transportation of alcoholic beverages illegal throughout the United States.

Prohibition led to the unintended consequence of causing widespread disrespect for the law, as many people procured alcoholic beverages from illegal sources. In this way, a lucrative business was created for illegal producers and sellers of alcohol, which led to the development of organized crime. As a result, Prohibition became extremely unpopular, which ultimately led to the repeal of the 18th Amendment in 1933 via the adoption of the 21st Amendment to the Constitution.

Prior to national Prohibition, beginning in the late 19th century, many states and localities had enacted Prohibition within their jurisdictions. After the repeal of the 18th Amendment, some localities (known as dry counties) continued to ban the sale of alcohol.

Majority-Muslim countries

Some majority-Muslim countries, such as Saudi Arabia, Kuwait, Sudan, and Libya prohibit the production, sale, and consumption of alcoholic beverages because they are forbidden by Islam.[3][4][5]

Drunk driving laws

Most countries have drunk driving laws which limit how much alcohol a person can consume before driving a car on a road. The permitted blood alcohol content threshold ranges from 0.0% to 0.08%.

Punishments for violation include fines, temporary or permanent loss of driver's license, and imprisonment. Some jurisdictions have similar prohibitions for drunk sailing, drunk bicycling, and even drunk rollerblading. In many places in the United States, it is also illegal to have an open container of an alcoholic beverage in the passenger compartment of a vehicle.

Prohibition of drinking alcohol in public places

A sign prohibiting the drinking of alcohol in a public place in Victoria, Australia

Asia

Public drinking is allowed in Asia with the exception of Singapore, where a law was passed in 2015 banning the consumption of liquor in public from 10:30pm to 7am.

Pakistan

After its independence in 1947, Pakistani law was fairly liberal regarding liquor laws. Major cities had a culture of drinking, and alcohol was readily available until the 1970s when prohibition was introduced for Muslim citizens. Since then, Pakistan's majority Muslim population has been unable to legally buy alcohol, and advertising for alcoholic beverages has been outlawed. However it remains widely available in urban Pakistan through bootleggers and also through the diplomatic staff of some minor countries.[6]

Singapore

From 1 April 2015, Public drinking is banned from 10.30pm to 7am daily. Additional restrictions on public drinking are applied to Geylang and Little India where they had declared as Liquor Control Zones. The additional restrictions for Geylang and Little India are from 7am on Saturdays to 7am on Mondays and from 7pm on eves of public holidays to 7am on the day after the public holiday. Retailers within the Liquor Control Zones are not allowed to sell takeaway liquor from 10.30pm to 7am on weekdays (except eve of Public Holidays and Public Holidays) and from 7pm to 7am on weekends, eve of Public Holidays and Public Holidays. Retailers outside the Liquor Control Zones are not allowed to sell takeaway liquor from 10.30pm to 7am daily.

Europe

Restrictions by country (table)
Open container laws by country: Albania-Liechtenstein
Country Consumption of alcohol in public banned?[7]
Educational buildings Government offices Healthcare establishments Parks and streets Sporting events Public transport Workplaces
 Albania ???
 Andorra ???
 Austria voluntary/self-restricted3 no4 voluntary/self-restricted3
 Belarus ???
 Belgium partial restriction2 voluntary/self-restricted3 partial restriction2 no4 voluntary/self-restricted3
 Bosnia and Herzegovina ???
 Bulgaria voluntary/self-restricted3 no4 voluntary/self-restricted3
 Croatia ???
 Cyprus yes1 partial restriction2 yes1 voluntary/self-restricted3
 Belarus ???
 Czech Republic yes1 no voluntary/self-restricted3 yes1
 Denmark voluntary/self-restricted3 no4 voluntary/self-restricted3
 Estonia partial restriction2 no4 yes1 no4 partial restriction2 no4
 Finland yes1 partial restriction2 yes1
 France partial restriction2 no4 yes1 partial restriction2
 Germany voluntary/self-restricted3 no4 voluntary/self-restricted3 no4
 Greece no4 partial restriction2 yes1 no4
 Hungary yes1 no4 partial restriction2 yes1
 Iceland yes1 no4 voluntary/self-restricted3
 Ireland partial restriction2 voluntary/self-restricted3 partial restriction2 voluntary/self-restricted3
 Italy partial restriction2 voluntary/self-restricted3 partial restriction2 no4 partial restriction2
 Latvia yes1 partial restriction2 yes1
 Liechtenstein voluntary/self-restricted3 no4 partial restriction2 no4
Open container laws by country: Lithuania-United Kingdom
Country Consumption of alcohol in public banned?[7]
Educational buildings Government offices Healthcare establishments Parks and streets Sporting events Public transport Workplaces
 Lithuania yes1 partial restriction2 yes1 partial restriction2 yes1
 Luxembourg yes1 no4 voluntary/self-restricted3 no4
 Macedonia ???
 Malta partial restriction2 yes1 partial restriction2
 Moldova ???
 Monaco ???
 Montenegro ???
 Netherlands partial restriction2 voluntary/self-restricted3
 Norway ???
 Poland yes1 voluntary/self-restricted3 yes1 partial restriction2 yes1
 Portugal partial restriction2 yes1 partial restriction2
 Romania yes1
 Russia ???
 San Marino ???
 Serbia ???
 Slovakia yes1 partial restriction2 voluntary/self-restricted3 yes1
 Slovenia yes1 voluntary/self-restricted3 yes1 no4 yes1
 Spain yes1 partial restriction2 yes1 no4 partial restriction2
 Sweden partial restriction2 voluntary/self-restricted3 partial restriction2 voluntary/self-restricted3
  Switzerland partial restriction2 no4 voluntary/self-restricted3 no4 voluntary/self-restricted3 no4
 Turkey ???
 Ukraine ???
 United Kingdom voluntary/self-restricted3 no4 partial restriction2 voluntary/self-restricted3
1 yes = the consumption of alcohol is prohibited by law, violation may result in punishment.
2 partial restriction =
  • in some states, regions, municipalities or cities the consumption of alcohol is prohibited by law or
  • the consumption is restricted at certain places but not generally prohibited.
3 voluntary/self-restricted = the consumption of alcohol is not prohibited by law, but (some) establishments may have own regulations prohibiting or regulating the consumption of alcohol voluntary.
4 no = the consumption of alcohol is legal.

North America

United States

Drinking alcohol in public places, such as streets and parks, is against the law in most of the United States, though there is no specific federal law that forbids consumption of alcohol in public. Moreover, even when a state (such as Nevada, Louisiana, and Missouri) has no such ban, the vast majority of its cities and counties do have it. Some cities allow it in specified area such as on the Las Vegas Strip in Las Vegas, Nevada, or during public festivals. Two notable exceptions are New Orleans, Louisiana, and Butte, Montana, which allow public consumption of alcoholic beverages anywhere in the city.

South America

Brazil

It is legal and usually socially acceptable to drink alcohol in public areas.

Chile

It is illegal to drink alcohol in any public place or unlicensed facilities. The law may or may not be enforced, depending on the location, time of the day and the behaviour of the offender.

Penalties may include the confiscation or destruction of the liquor, fines or arrest.

Most countries have prescribed a legal drinking age which prohibits the purchase of alcohol by minors. Most countries also prohibit the consumption of alcohol to minors. Some countries have a tiered structure that limits the sale of stronger alcoholic drinks to older adults (typically based upon the percentage of ABV) Other restrictions that some countries impose is based on the place in which alcohol is consumed, such as in the home, in a restaurant, or in a bar. The age at which these restrictions come to an end varies significantly from country to country, as does the degree to which it is enforced, which can also vary within a country.

Europe

Minimum age to purchase alcohol in Europe as of 2015:
  Minimum age of 20 years
  Minimum age of 18 years
  Minimum age of 17 years
  Minimum age of 16 years

For further details see table below.

The minimum age to purchase and consume alcoholic beverages varies by country, and sometimes by state or region (e.g. Spain and Austria). Most European countries have a minimum purchase age of 18 years, while a few remain with a purchase age of 16 years. In the past years there has been an attitude towards raising the minimum age to 18 years to bring them into line with other countries, and to protect children and juveniles from the mental and physical harm of alcohol. In the past 15 years following changes have occurred:

Minimum age by country (table)

Minimum purchase and consumption age by country: AlbaniaLiechtenstein
Country Minimum purchase age Minimum consumption age Notes[25]
On premises Off premises Public Private
LA1 HA2 LA1 HA2 LA1 HA2 LA1 HA2
 Albania 18 None
 Andorra 18 None
 Austria 16 16 None  Burgenland,  Lower Austria and  Vienna.
163 183 163 183 163 183 None  Carinthia,  Upper Austria,  Salzburg,  Styria,  Tyrol and  Vorarlberg.[26]
 Belarus 18 18 None
 Belgium 163 183 163 183 None [27]
 Bosnia and Herzegovina 18 None [28]
 Bulgaria 18 None [29]
 Croatia 18 None [30]
 Cyprus 17 17 None [31]
 Belarus 18 18
 Czech Republic 18 None
 Denmark 18 164 184 None Previous to 2011 the age limit for all off premises sales was 16. Previous to 2004 the age limit for all off premises sales was 15.[32][33]
 Estonia 18 18 [34]
 Finland 18 185 205 185 205 185 205 [35]
 France 18 None Minimum age raised from 16 to 18 in 2009.[36]
 Germany 163 183 163 183 163 183 None Age limit for LA is 14 if accompanied by parent.[37]
 Greece 18 None [38]
 Hungary 18 18
 Iceland 20 20
 Ireland 18 18 None [39]
 Italy 18 None Minimum age raised from 16 to 18 in 2012.[40]
 Latvia 18 None [41]
 Liechtenstein 163 183 163 183 163 183 None [42]
Minimum purchase and consumption age by country: LithuaniaUnited Kingdom
Country Minimum purchase age Minimum consumption age Notes[25]
On premises Off premises Public Private
LA1 HA2 LA1 HA2 LA1 HA2 LA1 HA2
 Lithuania 18 18 [43]
 Luxembourg 16 None [44]
 Macedonia 18 None [45]
 Malta 17 17 None [46]
 Moldova 16 None [47]
 Monaco 16 None
 Montenegro 18 None [48]
 Netherlands 18 18 None [23]
 Norway 185 205 185 205 None [49]
 Poland 18 None [50]
 Portugal 163 183 163 183 163 183 None Minimum age for spirits was raised from 16 to 18 in 2013.[51]
 Romania 18 18 None [52]
 Russia 18 None [53]
 San Marino 16 None [54]
 Serbia 18 None [55]
 Slovakia 18 18 [56]
 Slovenia 18 None [57]
 Spain 18 None [58] Minimum age raised from 16 to 18 in 2015 in  Asturias, 2010 in  Galicia, 2006 in  Castile and León and in 2002 in  Madrid,  Valencia and  Catalonia.
 Sweden 18 186 206 186 206 None [59]
  Switzerland 163 183 163 183 None [60][61]
18 None The canton  Ticino prohibits selling any type of alcohol to minors under the age of 18.[62]
 Turkey 18 None
 Ukraine 18 None
 United Kingdom 187 16/188 18 5  England and  Wales.[63][64]
16/1879 18 18 16/189 18 None  Scotland.[65]
18 18 None  Northern Ireland.[66]
1 LA = Low alcoholic beverages
2 HA = High alcoholic beverages
3 Differentiation between fermented alcoholic beverages (LA) and distilled spirits (HA).
4 Differentiation between alcoholic beverages <16.5% ABV (LA) and ≥16.5% ABV (HA).
5 Differentiation between alcoholic beverages <22% ABV (LA) and ≥22% ABV (HA).
6 Differentiation between alcoholic beverages <3.5% ABV (LA) and ≥3.5% ABV (HA).
7 No minimum age to purchase liqueur confectionery.[67]
8 Minimum age to consume beer, wine or cider on premises is 16, if ordered with a meal and adult supervision is present.
9 Minimum age to purchase and consume beer, wine or cider on premises is 16, if ordered with a meal.

North America, Central America and the Caribbean

Minimum age to purchase alcohol in North America as of 2015:
  Minimum age of 21 years
  Minimum age of 19 years
  Minimum age of 18 years

For further details see table below.
Minimum age to purchase alcohol in Central America and the Caribbean as of 2015:
  Minimum age of 18 years
  Minimum age of 16 years

For further details see table below.

Canada

Under the Constitution of Canada, responsibility for enacting laws and regulations regarding the sale and distribution of alcoholic beverages in Canada is the sole responsibility of the ten provinces. Canada's three territories have also been granted similar autonomy over these matters under the provisions of federal legislation.

Most provinces of Canada enacted prohibition of alcohol sales, consumption and distribution between the years of 1910 and 1920. After prohibition was ended, most provinces had a minimum drinking age of 21 years, while in the early 70s the age limit was lowered to either 18 or 19 years of age. Later a few provinces and territories raised their age limit from 18 to 19 in the late 1970s and early 1980s.

United States

The legal age for buying and possessing (but not necessarily for drinking) has been 21 years in every state since shortly after the passage of the National Minimum Drinking Age Act in 1984, which tied federal highway funds to states' maintaining a minimum drinking age of 21.

Despite a rekindled national debate in 2008 on the established drinking age (initiated by several university presidents), a Fairleigh Dickinson University PublicMind poll found in September 2008 that 76% of New Jerseyans supported leaving the legal drinking age at 21 years.[69] No significant differences emerged when considering gender, political affiliation, or region. However, parents of younger children were more likely to support keeping the age at 21 (83%) than parents of college-age students (67%).[69]

Seventeen states (Arkansas, California, Connecticut, Florida, Kentucky, Maryland, Massachusetts, Mississippi, Missouri, Nevada, New Hampshire, New Mexico, New York, Oklahoma, Rhode Island, South Carolina, and Wyoming) and the District of Columbia have laws against possession of alcohol by minors, but they do not prohibit its consumption by minors.

Fourteen states (Alaska, Colorado, Delaware, Illinois, Louisiana, Maine, Minnesota, Missouri, Montana, Ohio, Oregon, Texas, Wisconsin, and Virginia) specifically permit minors to drink alcohol given to them by their parents or by someone entrusted by their parents.

Many states also permit the drinking of alcohol under the age of 21 for religious or health reasons.

Puerto Rico, a territory of the United States, has maintained a drinking age of 18.

United States customs laws stipulate that no person under the age of 21 may bring any type or quantity of alcohol into the country.[70]

Exceptions to the minimum age of 21 for drinking alcohol in the United States, as of January 1, 2007.

Taxation and regulation of production

Alcoholic beverages are subject to excise taxes. Additionally, they fall under different jurisdiction than other consumables in many countries, with highly specific regulations and licensing on alcohol content, methods of production, and retail and restaurant sales. Alcohol tax is an excise tax, and while a demerit tax, is a significant source of revenue for governments. The U.S. government collected 5.8 billion in 2009.[71] In history, the Whiskey Rebellion was caused by the introduction of an alcohol tax to fund the newly formed U.S. federal government.

In most countries, the commercial production of alcoholic beverages requires a license from the government, which then levies a tax upon these beverages. In many countries, alcoholic beverages may be produced in the home for personal use without a license or tax.

Denmark

Home production of wine and beer is not regulated. Home distillation of spirits is legal but not common because it is subject to the same tax as spirits sold commercially. Danish alcohol taxes are significantly lower than in Sweden and Norway, but higher than those of most other European countries.

United Kingdom

In the United Kingdom, the HM Revenue and Customs issues distilling licenses, but people may produce beer and wine for personal consumption without a license.

United States

The production of distilled beverages is regulated and taxed.[72] The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Alcohol and Tobacco Tax and Trade Bureau (formerly a single organization called the Bureau of Alcohol, Tobacco and Firearms) enforce federal laws and regulations related to alcohol. All packaging of alcoholic products must contain a health warning from the Surgeon General.

In most of the American states, individuals may produce wine and beer for personal consumption (but not for sale) in amounts [usually] of up to 100 gallons per adult per year, but no more than 200 gallons per household per year.

The illegal (i.e., unlicensed) production of liquor in the United States is commonly referred to as "moonshining." Illegally produced liquor (popularly called "white lightning") is not aged and contains a high percentage of alcohol.

Restrictions on sale and possession

Alcoholic drinks are available only from licensed shops in many countries, and in some countries, strong alcoholic drinks are sold only by a government-operated alcohol monopoly.

Nordic countries

In each of the Nordic countries, except Denmark, the government has a monopoly on the sale of liquor.

The state-run vendor is called Systembolaget in Sweden, Vinmonopolet in Norway, Alko in Finland, Vínbúð in Iceland, and Rúsdrekkasøla Landsins in the Faroe Islands. The first such monopoly was in Falun in the 19th century.

The governments of these countries claim that the purpose of these monopolies is to reduce the consumption of alcohol. These monopolies have had success in the past, but since joining the European Union it has been difficult to curb the importation of liquor, legal or illegal, from other EU countries. That has made the monopolies less effective in reducing excessive drinking.

There is an ongoing debate over whether to retain these state-run monopolies.

Norway

In Norway, beers with an alcohol content of 4.74% by volume or less can be legally sold in grocery stores. Stronger beers, wines, and spirits can only be bought at government monopoly vendors. All alcoholic beverages can be bought at licensed bars and restaurants, but they must be consumed on the premises.

At the local grocery store, alcohol can only be bought before 8PM(6PM on Saturdays, municipalities can set stricter regulations). And the government monopoly vendors close at 6PM (Monday - Friday) and 3PM (Saturdays). On Sundays, no alcohol can be bought, except in bars.

Norway levies some of the heaviest taxes in the world on alcoholic beverages, particularly on spirits. These taxes are levied on top of a 25% VAT on all goods and services. For example, 700 mL of Absolut Vodka currently retails at 300+ NOK.

Sweden

In Sweden, beer with a low alcohol content (called folköl, 2.25% to 3.5% alcohol by weight) can be sold in regular stores to anyone aged 18 or over, but beverages with a high alcohol content can only be sold by government-run vendors to people aged 20 or older, or by licensed facilities such as restaurants and bars, where the age limit is 18. Alcoholic drinks bought at these licensed facilities must be consumed on the premises; nor is it allowed to bring and consume your own alcoholic beverages bought elsewhere.

North America

Canada

In most Canadian provinces, there is a very tightly held government monopoly on the sale of alcohol. Two examples of this are the Liquor Control Board of Ontario, and the Liquor Distribution Branch of British Columbia. Government control and supervision of the sale of alcohol was a compromise devised in the 1920s between "drys" and "wets" for the purpose of ending Prohibition in Canada. Some provinces have moved away from government monopoly. In Alberta, privately owned liquor stores exist, and in Quebec a limited number of wines and liquors can be purchased at dépanneurs and grocery stores.

Canada has some of the highest excise taxes on alcohol in the world. These taxes are a source of income for governments and are also meant to discourage drinking. (See Taxation in Canada.) The province of Quebec has the lowest overall prices of alcohol in Canada.

Restrictions on the sale of alcohol vary from province to province. In Alberta, changes introduced in 2008 included a ban on "happy hour," minimum prices, and a limit on the number of drinks a person can buy in a bar or pub at one time after 1 a.m.[73]

United States

Map of open container laws in the United States by state, as of September 2007

In the United States, the sale of alcoholic beverages is controlled by the individual states, by the counties or parishes within each state, and by local jurisdictions. In many states, alcohol can only be sold by staff qualified to serve responsibly through alcohol server training. A county that prohibits the sale of alcohol is known as a dry county. In some states, liquor sales are prohibited on Sunday by a blue law.

The places where alcohol may be sold or possessed, like all other alcohol restrictions, vary from state to state. Some states, like Louisiana, Missouri, and Connecticut, have very permissive alcohol laws, whereas other states, like Kansas and Oklahoma, have very strict alcohol laws.

Many states require that liquor may be sold only in liquor stores. In Nevada, Missouri, and Louisiana, state law does not specify the locations where alcohol may be sold.

In 18 alcoholic beverage control states, the state has a monopoly on the sale of liquor. For example, in most of North Carolina, beer and wine may be purchased in retail stores, but distilled spirits are only available at state ABC (Alcohol Beverage Control) stores. In Maryland, distilled spirits are available in liquor stores except in Montgomery County, where they are sold only by the county.

This convenience store in Michigan had its retail license suspended for two weeks because it sold alcoholic beverages to minors.

Most states follow a three-tier system in which producers cannot sell directly to retailers, but must instead sell to distributors, who in turn sell to retailers. Exceptions often exist for brewpubs (pubs which brew their own beer) and wineries, which are allowed to sell their products directly to consumers.

Most states also do not allow open containers of alcohol inside moving vehicles. The federal Transportation Equity Act for the 21st Century of 1999 mandates that, if a state does not prohibit open containers of alcohol inside moving vehicles, then a percentage of its federal highway funds will be transferred instead to alcohol education programs each year. As of December, 2011, only one state (Mississippi) allows drivers to consume alcohol while driving (below the 0.08% limit), and only five states (Arkansas, Delaware, Mississippi, Missouri, and West Virginia) allow passengers to consume alcohol while the vehicle is in motion.

Five U.S. states limit alcohol sales in grocery stores and gas stations to beer at or below 3.2% alcohol: Colorado, Kansas, Minnesota, Oklahoma, and Utah. In these states, stronger beverage sales are restricted to liquor stores. In Oklahoma, liquor stores may not refrigerate any beverage containing more than 3.2% alcohol. Missouri also has provisions for 3.2% beer, but its permissive alcohol laws (when compared to other states) make this type of beer a rarity.

Pennsylvania is starting to allow grocery stores and gas stations to sell alcohol. Wines and spirits are still sold at locations called "state stores," but wine kiosks are starting to be put in at grocery stores. The kiosks are connected to a database in Harrisburg, and purchasers must present valid ID, signature, and look into a camera for facial identification to purchase wine. Only after all of these measures are passed is the individual allowed to obtain 1 bottle of wine from the "vending machine". The kiosks are only open during the same hours as the state run liquor stores, and are not open on Sundays.

See also

References

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