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The question has been posed – is it legal for people to drink in public in the Knysna Municipal area? When one considers the relevant legislation and municipal by-laws, the answer is a clear “no”.

There are no less than four pieces of legislation dealing with drinking and drunkenness in public places: the Western Cape Liquor Act (“the Liquor Act”), the Knysna 2014 By-Law for the Prevention of Public Nuisance, the 2014 By-Law relating to Public Amenities, and most important of all, the 2008 Roads and Traffic By-Law.

Section 76 of the Liquor Act provides that any person who is drunk in any place to which the public has access is guilty of an offence.  

The stated aim of the Knysna Municipality By-Law for the Prevention of Public Nuisances is, “to promote the achievement of a safe, pleasant and tranquil environment for the benefit of the residents within the area of the jurisdiction of the municipality”. “Public Places” are defined in the By-Law as being “any square, building, park, recreation ground, public beach or open space which the public has the right to use”.

One must read the aim together with the definition and then a long list of different types of conduct which are prohibited, including for example that “no person shall deposit, leave, spill, drop or place any fruit or vegetable peels, broken bottles, glass, refuse, plastic or other bags or things which are offensive or likely to cause annoyance, danger or injury to persons in or upon any premises, street or public place”.  Further, no person shall “in any street or public place use any abusive or threatening language or commit any act which may or is calculated to cause a breach of the peace”. Again, persons who contravene these provisions are guilty of an offence and may be arrested, charged and prosecuted for their violation.

Besides from the potential harmful effects and behaviour flowing from drinking in public, actual drinking in public is dealt with in terms of Section 25 of the Roads and Traffic By-Law.  This Act deals specifically with behaviour in streets and public places and stipulates that “no person, may, in a street or public place… (k) use intoxicating liquor or drugs” (read, at any time) and any person who contravenes the provisions of the by-law is guilty of an offence.

The clear provisions of the current legal framework dealing with this question may well come as a surprise to many as common experience with people drinking in public areas, and the unwanted behaviour which often follows from this, would lead one to believe precisely the opposite. However, this is more to do with the practical aspects of implementing and enforcing the existing law and the existence of the laws itself, especially in that the responsibility to enforce the different pieces of legislation fall to different entities.

Think very carefully on the above the next time you plan a braai at the beach – consuming alcohol whilst you are doing so is in violation of the law!