Following the updates to the Federal Criminal Code in 2020 through Federal Decree By Law No. 15, the Union Supreme Court issued a significant ruling (Federal Supreme Court judgment 1308 of 2020), which shed light on the application of local emirate laws over federal regulations regarding alcohol consumption and possession. This ruling articulates that if an emirate has laws prohibiting alcohol consumption and has the jurisdiction to enforce such laws, these local regulations take precedence over the Federal Criminal Code.
Despite this clarification by the UAE’s highest court, it’s important to note that the UAE operates under a civil law system where the concept of binding precedent does not apply. Therefore, legal interpretations could evolve with future judicial decisions.
Amendments to the Federal Decree (Law No. 15 of 2020)
Article 313 (bis) of the Federal Criminal Code underwent significant revisions under Law No. 15 of 2020, updating the legal framework concerning the consumption and handling of alcoholic beverages in the UAE. Here are the key changes detailed.
Provisions under the Federal Criminal Code
Previously, individuals found consuming alcohol, or possessing, purchasing, importing, exporting, or manufacturing alcoholic beverages for personal use or distribution to others without legal authorisation faced a minimum sentence of six months in detention and a fine not less than ten thousand Dirhams.
Additionally, those engaged in the commercial activities of alcoholic beverages without appropriate licenses—including possession, acquisition, importation, manufacturing, re-exporting, promotion, or advertising—were subject to at least two years of detention and a minimum fine of fifty thousand Dirhams.
The earlier version of Article 313 (bis), as introduced in 2006, outlined that non-Muslims were exempt from the Hadd punishment for drinking alcohol. However, penalties were still applicable under certain conditions, stipulating similar fines and detention periods for personal and commercial violations related to alcohol, without infringing on the penalties imposed for breaches of licensing or permitting conditions.
These amendments reflect a more structured approach to regulating alcohol-related activities, ensuring penalties align more closely with the severity and nature of the offence.
Provisions under the amended Federal Criminal Code:
Article 313 of the Federal Criminal Code has been substantially revised under Law No. 15 of 2020. The updated English version of Article 313 (bis) specifies:
- There will be no penalties for drinking, possessing, or trading alcoholic beverages under conditions and locations legally authorised by current legislation.
- Each emirate retains the authority to formulate its regulations governing the use, distribution, and commercial activity of alcoholic beverages.
- A significant stipulation is that selling or providing alcohol to anyone under the age of 21 or purchasing alcohol to give to an underaged person, will result in imprisonment and a fine ranging from one hundred to five hundred thousand dirhams. However, no criminal charges will be pursued if the provider can conclusively verify the recipient’s age as 21 or older using a passport or other official document.
This reform reflects a shift in the UAE’s legal approach to alcohol, moving away from criminalisation under Federal law, provided the consumption and trade occur within authorised parameters and locations, taking into account the specific regulations that may be set by individual emirates.
Case study
In the UAE, a noteworthy legal case involved three individuals who were initially charged by the UAE Public Prosecution for consuming alcohol without a licence, a violation under the Federal Criminal Code No. 3 of 1987. The Federal Court of First Instance initially found them guilty of these charges.
However, upon their appeal, the Federal Court of Appeal reversed this decision, acquitting all three because consuming alcohol was no longer a criminal offence under the revised Article 313 (bis) of the Federal Criminal Code.
The Public Prosecution then escalated the matter to the Union Supreme Court, arguing that the appeal court had overlooked the second clause of Article 313 (bis). This clause allows each emirate to enforce its regulations on alcohol consumption, and in Sharjah, where a law from 1972 still criminalises the consumption of alcohol, the rules were stricter than the federal law.
The Union Supreme Court sided with the prosecution’s view, recognising the need to consider local laws under the amended federal regulation. Consequently, the Supreme Court partially reversed the decision of the Court of Appeal and sent the case back for a re-examination, underscoring the complex interplay between federal and local laws in the UAE regarding alcohol consumption.
Is drinking alcohol legal in Dubai?
While alcohol consumption is permitted in many areas of the UAE, it’s crucial to respect the country’s predominantly Islamic cultural values.
Planning a night out this weekend in Dubai? Remember, if you choose to enjoy alcoholic beverages, you’ll need to adhere to specific regulations and social norms specific to the region.
Age limit
In the UAE, individuals must be at least 21 years old to purchase or consume alcoholic beverages.
Venues for legal consumption of alcohol in the UAE
Restaurants
Alcohol consumption is permitted only in licensed restaurants or lounges and it is illegal to drink alcohol in public spaces.
Private
Residents can enjoy alcoholic beverages within their homes or private spaces, provided they hold a valid alcohol licence.
Strict penalties on drinking and driving
The UAE enforces severe penalties for drunk driving. Offenders can face substantial fines determined by the courts, accrue 23 black points on their driving record, and risk vehicle confiscation for up to 60 days.
In a notable case from 2022, a British expatriate was sentenced to one month in prison and had his vehicle confiscated for 30 days after being found guilty of driving under the influence of alcohol, along with other offences including running a red light, driving against traffic, and causing property damage.
How to obtain a license for alcohol consumption in the UAE
If you’re planning to purchase alcohol in Dubai, securing a licence is essential. The process has recently been simplified; applicants can now register for a licence online or obtain one directly from a licensed alcohol retailer at no cost.
In Dubai, two prominent licensed alcohol retailers are African Eastern and MMI, both offering a range of services to facilitate the licensing process.
Offline
Residents looking to acquire an alcohol licence in Dubai can conveniently do so at outlets like African Eastern or MMI, where the application process is facilitated on-site.
To apply, individuals must be at least 21 years old and present a valid Emirates ID at the store. Store employees will collect basic information from the applicant to initiate the licensing process.
Once the application is submitted, applicants are permitted to purchase alcoholic beverages immediately, pending the approval of their licence. This streamlined process makes it easier for residents to comply with local regulations while enjoying their choice of alcohol.
Online
Prospective applicants interested in obtaining an alcohol license can visit the African Eastern official website. There, they should click on the ‘Apply for licence’ option, conveniently located at the top right corner of the homepage.
Upon clicking, applicants will be directed to an application form requiring them to enter various personal details, including their Emirates ID number. This step is part of the initial process to facilitate the application.
Wrapping up
In conclusion, navigating alcohol regulations in Dubai involves adhering to specific legal requirements and cultural norms. Ensuring compliance with these regulations helps maintain personal responsibility and aligns with the local legal framework, making for a safer and more enjoyable experience.
Navigating Dubai’s alcohol regulations requires careful understanding, and Davidson & Co. provides expert legal guidance to ensure compliance. Our team assists with alcohol licensing and legal consumption guidelines to keep your activities both fun and lawful.
Reach out to Davidson & Co. for reliable legal consultants in Dubai!
