Legal Reforms have been Outlined for alcohol in the UAE | Al Rowaad Advocates & Legal Consultants

Background

The UAE is a world vacation spot for tens of millions of expats, who come from all walks of life, with various cultures, religions, beliefs and lifestyle.

In an effort to make UAE a really a globalized trendy nation, many reforms have been launched. One of many reforms launched by the UAE Authorities has been in respect of alcohol. These modifications have been caused initially by Federal Decree Legislation No. 15 of 2020, which amended the erstwhile Penal Code (Federal Legislation No. 3 of 1987), after which consolidated and re-affirmed underneath the brand new Penal Code, referred to as the Federal Decree Legislation No. 31 of 2021 On the Issuance of Crimes and Penalties Legislation.

Authorized Reforms Launched

The important thing authorized reforms launched in respect of alcohol within the UAE are as follows.

1. There are not any punishments imposed if you’re consuming alcohol in circumstances and places permitted underneath the relevant legislation. That is not like the earlier place the place a license was required for private consumption of alcohol. That stated, it is very important be aware that every Emirate is entitled to problem its personal legal guidelines to manage the use, circulation, buying and selling and possession of alcohol (Article 363/1 of the brand new Penal Code). Accordingly, if an Emirate has banned the consumption of alcohol in its Emirate, such rule will supersede any basic permission underneath the Penal Code.
2. Any possession, manufacturing, promotion or promoting of alcohol requires a licencse from the competent authorities. No license or violating the phrases of the license might be punishable with imprisonment and / or fines of as much as AED 500,000 (Article 363/2 of the brand new Penal Code).
3. The authorized age to drink alcohol is 21 years (Article 363/4 of the brand new Penal Code).
4. Any one who affords alcohol to an individual who’s underneath 21 years or who incites such particular person to drink or who purchases it to provide it to such particular person, he can be punished with imprisonment for a most 1 years and / or fines of as much as AED 100,000. Nonetheless, if the accused had verified the age of the particular person to be 21 (primarily based on an official doc), then there isn’t a crime (Article 363/4 of the brand new Penal Code).
5. Whereas there could also be basic permission to eat alcohol and not using a license, alcohol just isn’t permitted to be consumed in a public place or in unauthorized location. Any one who violates this rule or is present in a state of intoxication in a public place or causes hassle to a 3rd particular person or public disturbance whereas drunk can be punished with imprisonment. The punishments embrace imprisonment for a interval not exceeding 6 months and fines as much as AED 100,000 or both of those penalties (Article 363/3 of the brand new Penal Code).

6. It’s also value noting that consuming and driving is strictly prohibited. Pursuant to the Federal Legislation Quantity 21 of 1995 regarding Site visitors and its amendments (“Site visitors Legislation”), driving in UAE inebriated or every other narcotic substances is punishable by the legislation. Pursuant to Article 49 (6) of the Site visitors Legislation, Driving or making an attempt to drive a car on the highway whereas underneath the impact of alcoholic drinks or anesthetic substances and the like can be sentenced to imprisonment and/or to a minimal high quality of AED 25,000.