Date lodged: 31 October 2017
To ask the Scottish Government what legislation covers the carrying of open containers of alcohol in public.
Answered by: Michael Matheson 8 November 2017
There is no specific legislation that covers the carrying of open containers of alcohol in public. However, powers for local authorities to create and amend byelaws are contained in section 201 of the Local Government (Scotland) Act 1973. Local authorities can and do use these powers to create byelaws that make it an offence to carry open containers of alcohol in designated public places. Where such byelaws are proposed, they are subject to confirmation by the Scottish Ministers.