Ready to crack open that can or bottle of non-alcoholic beer in a public place, like a park or on the streets? You might be wondering if it’s legal to drink non-alcoholic beer in public.
The simple answer is, it depends on which country or even city you are in.
In places where drinking in public is legal, you can drink non-alcoholic beer in public as long as you abide by their regulations around age restrictions. For example, it is legal to consume alcoholic beverages in public in England and Wales, whereas it is more complicated in the United States.
In countries like the United States, where drinking in public is illegal, things aren’t so black and white with NA beers.
We’ve researched the laws in several countries so you don’t run afoul of local regulations. Read below to learn more about consuming non-alcoholic beer in public in these countries.
It Is Legal To Drink Non-Alcoholic Beer In Public… Technically
The issue with drinking non-alcoholic beer in public is that it isn’t clearly written in the local laws.
In places where drinking alcohol in public is illegal, it is important to understand that law enforcement has discretion in interpreting the law and may enforce it in a broader manner than intended.
If you are drinking out of a beer can or bottle, it can be misinterpreted as an alcoholic beer, and you can expect a law enforcement officer to stop and cite you for drinking in public. Even if law enforcement isn’t around, a concerned citizen may see and report you for drinking in public.
Laws regarding public alcohol consumption vary by country and are as follows:
Drinking In Public In The US
In the United States, public spaces are legally referred to as public spaces like parks, sidewalks, beaches, and even private vehicles on the street.
Drinking in public is illegal in most parts of the United States, except for the following states:
- Alaska
- Arkansas
- Connecticut
- Delaware
- Louisiana
- Mississippi
- Missouri
- Tennessee
- Virginia
- West Virginia
- Wyoming
There are also exceptions for some cities that depend on alcohol-related tourism such as New Orleans, the Las Vegas strip, Memphis’s entertainment district, Sonoma, California, and Hood River, Oregon.
If a law enforcement officer observes you drinking what looks like an alcoholic beer, you may be stopped and cited.
If you are driving with an open can of non-alcoholic beer, you risk getting a suspected DUI since many states have open container laws.
Also Read: Can You Drink Non-Alcoholic Beer at Work? Legally Yes, But Should You?
According to open container laws, it is considered a violation to not only drink but also possess an open container of alcohol in a public area like public transportation or a vehicle.
Depending on the law enforcement officer, you may be able to explain that it is a non-alcoholic beer and prove that it is below the legal limit.
One other thing to note is that some states have a “not-a-drop” law for underage drinkers. If you are a minor under 21 caught drinking a non-alcoholic beer in public, you might get charged under the “not-a-drop” law for trace amounts of alcohol in a non-alcoholic beer.
Drinking in public in Canada
You can legally drink in public in certain parts of Canada. In Calgary, Vancouver and Edmonton, you are able to crack open a cold one in designated picnic spots in some parks between 11 a.m. and 9 p.m.
Drinking In Public In England And Wales
You can legally drink in public in the UK.
There is no general prohibition on drinking in the street although councils can use public spaces protection orders to restrict the consumption of alcohol if the area is associated with anti-social behaviour.
Drinking In Public In Scotland
In Scotland, it depends on your council. Under Local Government (Scotland) Act 1973, local regulations determine the designated areas for public alcohol consumption, which vary by council.
For example, both Edinburgh City and Glasgow do not allow the consumption of alcohol in public places, except in licensed premises.
Drinking In Public In Ireland
You can legally drink in public in Ireland in general, although many city and county councils have laws prohibiting drinking outdoors in some or all public places.
You might also want to hold off on cracking open that can or bottle of non-alcoholic beer right after leaving a store.
Drinking alcohol purchased in a sealed container (such as a bottle or can) within 100 meters of the off-licence where it was sold is considered a violation.
Drinking In Public In Australia
There are places where you can’t legally drink alcohol in public.
All councils in New South Wales have alcohol-free zones that apply to public roads and footpaths, and parks and civic spaces are alcohol-prohibited areas.
In Melbourne, consumption of alcohol is banned in public places in the central business district.
Final conclusion
The rules around drinking non-alcoholic beer in public is still not black and white in many places, especially in the United States which has stricter open container laws.
While you can legally drink a non-alcoholic beer in public in many cities, you run the risk of getting stopped and cited because it resembles an alcoholic beer from afar.
This is why we don’t recommend risking a drink in public in the United States and Canada, but you should be fine drinking a non-alcoholic beer in public in parts of England, Wales, Scotland, and Australia.