Alcohol law reform outlined in UAE | Al Rowaad Advocate & Counsel

background

The UAE is a global destination for millions of expatriates from all walks of life, with different cultures, religions, beliefs and lifestyles.

Many reforms have been carried out in order to make the UAE a truly global and modern country. A reform introduced by the UAE government targets alcohol. These changes were initially brought about by Federal Act No. 15 of 2020, which amended the previous Penal Code (Federal Act No. 3 of 1987), which was then consolidated and reaffirmed under the new Penal Code known as the Federal Act Law No. 31 of 2021 on the issuance of the “Crime and Punishment Law”.

introduce legal reform

The main legal reforms introduced in the UAE regarding alcohol are as follows.

1. You will not be penalized if you consume alcohol in situations and places permitted by applicable law. This is a change from the previous situation where a license was required for individual drinking. That said, it is important to note that each emirate has the right to enact its own laws regulating the use, circulation, trade and possession of alcohol (Article 363/1 of the New Penal Code). Therefore, if an emirate prohibits the consumption of alcohol in its emirate, that provision supersedes any general permission under the Penal Code.
2. Any possession, manufacture, promotion or sale of alcohol requires a license from the competent authority. Failure to have a license or violation of the terms of the license may result in imprisonment and/or a fine of up to AED 500,000 (Article 363/2 of the New Penal Code).
3. The legal age for drinking alcohol is 21 years (art. 363/4 of the new Penal Code).
4. Anyone who supplies alcohol to a person under the age of 21 or incites that person to drink alcohol or buys alcohol to that person will be punished with imprisonment for up to 1 year and/or a fine of up to AED 100,000. However, if the accused verifies that the person’s age is 21 (according to official documents), there is no offense (article 363/4 of the new Penal Code).
5. While a general license to drink alcohol may be obtained without a license, drinking alcohol in public or unauthorized establishments is not permitted. Anyone who violates this rule or is found to be in a state of intoxication in a public place or to cause trouble to a third party or to disturb public order while intoxicated shall be punished with imprisonment. Penalties include imprisonment for a term not exceeding 6 months and a fine of up to AED 100,000 or one of these penalties (article 363/3 of the new Penal Code).

6. It is also worth noting that drinking and driving is strictly prohibited. Driving in the UAE under the influence of alcohol or any other intoxicating substance is legally penalized under Federal Law No. 21 of 1995 on Traffic and its amendments (“Traffic Law”). Driving or attempting to drive a vehicle under the influence of alcoholic beverages or narcotic substances etc. on the road is punishable by imprisonment and/or a fine of at least 25,000 dirhams according to Article 49, paragraph 6, of the Traffic Law.