Istanbul Governorate announces punish will be imposed consume alcohol in public places

In a city grappling with issues like mafia activities, gang conflicts, drug crises, and various security concerns, the governorate of Istanbul has introduced a "ban on alcohol in open areas." The governorate's announcement, conveyed through a letter to institutions and accessed by Cumhuriyet, outlined the prohibition of alcohol consumption in public spaces. The letter argued that "those causing disturbances are often under the influence of alcohol." It stated, "Complaints lodged with relevant authorities indicate that those involved in incidents disrupting public and security order within our province's boundaries are largely individuals who have consumed alcohol. Consumption of alcohol in public parks, beaches, and coastal regions creates a sense of fear and panic, causing discomfort among the public."

In accordance with this decision, individuals consuming alcohol in public areas will incur a fine of 617 TL. If a person is intoxicated, they may detained until sober. The circular draws its basis from the Law on Misdemeanours No. 5326 dated 30 March 2005. However, criticisms raised at the time about the clarity of the law's content.

The decision sparked discussion and backlash, prompting the Istanbul Governorate to clarify that no new decisions taken, only a reminder of existing obligations.

According to the governorate's statement:

''Our office has not taken any new enforcement decision regarding the use and sale of alcohol. With the circular dated 17.08.2023, we have reminded relevant institutions (district governorships and municipalities) about necessity of adhering to the implementation obligations outlined in Law No. 4250. The Governorate of Istanbul issued this reminder circular based on complaints received from mukhtars, social media, and individual citizens during district visits, where incidents disrupting public order due to alcohol consumption were raised.

In summary, our reminder circular reaffirms the legal regulations to:

refrain from selling alcohol to individuals under 18 years old; refrain from retail alcohol sales between 22:00 and 06:00, except for licensed restaurants and venues; avoid actions that disturb public peace due to intoxication and alcohol consumption; and restrict alcohol consumption to licensed establishments (excluding parks, picnic areas, coastline, beaches, etc.). Relevant units have instructed to conduct inspections in these areas, in cooperation with the police, gendarmerie, and other law enforcement units, to prevent incidents that might disrupt public order, peace, and security."

'INTERFERENCE IN LIFESTYLE'

Administrative lawyer Prof. Dr. Metin Günday provided an evaluation of the decision to Cumhuriyet. Günday remarked that the decision interferes with citizens' right to life, indicating that it seeks to confine them within their homes. He argued that this constitutes an unwarranted intervention in lifestyle without a legal basis. Referring to the Constitution, Günday pointed out that while measures taken to shield young people from harmful habits, these measures must to be in harmony with the law, as seen in the prohibition of alcohol sales to those under 18.

Günday highlighted the absence of an article concerning alcohol consumption in Law No. 4250, law referenced in the decision. He asserted that such a prohibition can imposed through a proper legal framework rather than a circular. Günday noted that Article 35 of the Law on Misdemeanours No. 5326 does allow for sanctions against individuals intoxicated and behaving disruptively, but it cannot applied to individuals consuming alcohol on a beach or in a park. Such a broad application, he argues, would result in a blanket ban on alcohol consumption.