A High Court ruling upholding the powers of local councils to enact and enforce by-laws prohibiting the drinking of alcohol in public areas such as parks has been welcomed by Labour's Cllr Keith Martin of Westport Town Council. Westport Town Council adopted by-laws to control the consumption of intoxicating liquor in public places in 2002.
In the High Court on Friday (March 7th) Mr Justice Michael Hanna ruled there was no constitutional or statutory bar to local councils passing bylaws setting out fines for drinking in parks.
He was giving judgment on proceedings by Phillip Clarke of Cloonmore Park, Tallaght, Dublin, who is facing trial under South Dublin Council's bylaws for drinking in the Butler Magee Park in Tallaght on May 1st, 2005.
Mr Justice Hanna found the bylaws did not infringe Mr Clarke's constitutional rights.
The judge said the Oireachtas had given local authorities discretion to introduce bylaws to deal with mischief and nuisance in areas under their supervision.
Cllr Martin says "this judgement ensures that Gardai in Westport can continue to tackle this anti-social behaviour when and where is happens under the powers granted to them by Westport Town Council. The by-product of drinking alcohol in public areas is anti-social behaviour, littering, noise and vandalism. Anyone witnessing such behaviour should contact the Gardai immediately on 098 25555."
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