Posters have been put up stating that it is a criminal offence to drink or carry an open container of alcohol. However, so far as I understood, it is in fact merely a breach of the conditions of carriage, i.e. a policy and that it could be a breach of by-laws. It was reported at the time that Transport Police could only arrest somebody if upon being asked to comply, they create a public nuisance. Please confirm whether it is in fact a criminal offence to carry or drink open containers of alcohol on London Underground.

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TfL Ref: 2992-1920

Thank you for your request received by Transport for London (TfL) on 7 January 2020 asking for information about the alcohol ban on London Underground.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.  I can confirm that we hold the information you require. You asked:

Please confirm whether it is in fact a criminal offence to carry or drink open containers of alcohol on London Underground.

A breach of a byelaw is a criminal offence, which is then dealt with in Magistrates court.  The TfL Rail Byelaws have a separate entry relating to open containers of alcohol as below:

4. Alcohol and controlled drugs

(2) No person shall enter, attempt to enter or remain on the railway while in possession of an open container of alcohol, unless expressly permitted to do so by the Operator in a particular area.

If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

Yours sincerely

Sara Thomas

FOI Case Management Team

General Counsel

Transport for London

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