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Court rules alcohol permit needed to drink on EK flights

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Old Jul 5, 2014, 11:26 am
  #16  
 
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Wait one requires a licence to drink in Dubai? Since when? And now I presume I'll need one of these licences, is there a way to get one without becoming a resident of the UAE?
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Old Jul 5, 2014, 11:45 am
  #17  
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Originally Posted by StoobyDoo
Wait one requires a licence to drink in Dubai?
Drinking alcohol in the UAE is illegal, period. However, non-Muslim residents (of some Emirates) may acquire an alcohol permit that permits them to purchase and transport alcohol for personal use (NOTE : the license does not specifically contradict the higher law against CONSUMPTION of alcohol, but dodges the issue by specifying purchase and transport only!).

It however remains illegal to consume alcohol in public (and technically, in private too), although this is obviously not enforced in isolation. The only people who get charged with alcohol offenses are those who draw attention to themselves for something else.

Non-residents cannot obtain alcohol permits, even though the law requires them to have one in order to purchase alcohol. Like most things in the UAE, it isn't a problem until it is a problem.

Dubai, Abu Dhabi and Sharjah issue permits for purchase and transport of alcohol, even though Sharjah does not issue permits to vendors for sale of alcohol within Sharjah (you can however buy alcohol at Sharjah Airport Duty Free when departing). Ajman, Umm al Quwain, Ras al Khaimah and Fujairah do not issue alcohol permits nor do they require them to purchase alcohol. However, consumption of the alcohol you purchase is still technically illegal due to the Federal law against consumption of alcohol.

Last edited by B747-437B; Jul 5, 2014 at 11:51 am
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Old Jul 5, 2014, 12:21 pm
  #18  
 
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Good to read what seems to me a clear, well-informed summary of the law as it stands - notwithstanding its oddities and apparent poor construction.

The bottom line remains as it ever was. Behave yourself and you will almost certainly have no problem, whether as a visitor or a resident ^
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Old Jul 5, 2014, 12:37 pm
  #19  
 
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Originally Posted by B747-437B
Drinking alcohol in the UAE is illegal, period. However, non-Muslim residents (of some Emirates) may acquire an alcohol permit that permits them to purchase and transport alcohol for personal use (NOTE : the license does not specifically contradict the higher law against CONSUMPTION of alcohol, but dodges the issue by specifying purchase and transport only!).

It however remains illegal to consume alcohol in public (and technically, in private too), although this is obviously not enforced in isolation. The only people who get charged with alcohol offenses are those who draw attention to themselves for something else.

Non-residents cannot obtain alcohol permits, even though the law requires them to have one in order to purchase alcohol. Like most things in the UAE, it isn't a problem until it is a problem.

Dubai, Abu Dhabi and Sharjah issue permits for purchase and transport of alcohol, even though Sharjah does not issue permits to vendors for sale of alcohol within Sharjah (you can however buy alcohol at Sharjah Airport Duty Free when departing). Ajman, Umm al Quwain, Ras al Khaimah and Fujairah do not issue alcohol permits nor do they require them to purchase alcohol. However, consumption of the alcohol you purchase is still technically illegal due to the Federal law against consumption of alcohol.
Drinking in bars, clubs and restaurants is fine so long as one doesn't drink to excess as those are (I presume) private properties but to purchase at a store then transport to residence, one needs a permit?

I only asked as I'd not come across the need for a licence before and in other words, it's a law that I can ignore as a visitor?
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Old Jul 5, 2014, 12:59 pm
  #20  
 
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Some one, some day is going to have a field day with EK in a United States of America court room regarding this silly law. As long as EK fly to the States, and want to keep flying to the States they will have to respect US law.

Could you imagine some one spending time in a UAE jail because no body asked them on a EK flight if they have a drinking/alcohol permit.

With the ridiculous amounts of sums in the millions, and some times multi millions asked for when people sue in the States they will win let that be a judge, or jury.
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Old Jul 5, 2014, 1:05 pm
  #21  
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Originally Posted by NOIR
Some one, some day is going to have a field day with EK in a United States of America court room regarding this silly law. As long as EK fly to the States, and want to keep flying to the States they will have to respect US law.

Could you imagine some one spending time in a UAE jail because no body asked them on a EK flight if they have a drinking/alcohol permit.

With the ridiculous amounts of sums in the millions, and some times multi millions asked for when people sue in the States they will win let that be a judge, or jury.
The airline has to respect US law whilst on the ground in the US. Whilst in the air , US law does not apply

They will not win , since the US courts have no juridstiction over an EK aeroplane in flight
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Old Jul 5, 2014, 2:21 pm
  #22  
 
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Originally Posted by Dave Noble
The airline has to respect US law whilst on the ground in the US. Whilst in the air , US law does not apply

They will not win , since the US courts have no juridstiction over an EK aeroplane in flight
I don't drink on flights, so I really don't care much.

....but just because an EK aircraft is in the air doesn't mean it's out of the woods when it comes to U.S. laws. Remember part of the marketing in the States is serving alcohol on flights, but who really asks for permits on EK flights because it's considered illegal, they don't even warn you. In the States illegal means illegal even though in the UAE it's illegal, but we'll turn a blind eye until some one complains.

As long as EK fly to the States, do business in the States then they can be found guilty of serving a substance to someone on they're flight that landed some one in a UAE jail because it's considered illegal.

This can be an American flying from Auckland/Sydney-Dubai. As soon as that person steps out of a UAE jail, and steps back on U.S. soil EK would have some answering to do in a U.S. court.

This is a grey zone that could turn bad for EK.
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Old Jul 5, 2014, 2:27 pm
  #23  
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If someone gets arrested in the UAE by UAE police , then that is a matter between the UAE and the passenger and not the airline

For an airline that is not in US juridstiction, I cannot see that a passenger would have any standing to take the airline to court for that passenger having broken a law which applied to them

This does seem a strange ruling and would seem to create a difficulty for EK to serve alcohol onboard. doesn't affect me either since I also do not drink
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Old Jul 5, 2014, 2:33 pm
  #24  
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Originally Posted by StoobyDoo
Drinking in bars, clubs and restaurants is fine so long as one doesn't drink to excess as those are (I presume) private properties but to purchase at a store then transport to residence, one needs a permit?
Let's just say that drinking in private with a license is considered "less illegal" than drinking in public without one.
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Old Jul 5, 2014, 2:36 pm
  #25  
 
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Originally Posted by Dave Noble
If someone gets arrested in the UAE by UAE police , then that is a matter between the UAE and the passenger and not the airline

For an airline that is not in US juridstiction, I cannot see that a passenger would have any standing to take the airline to court for that passenger having broken a law which applied to them

This does seem a strange ruling and would seem to create a difficulty for EK to serve alcohol onboard. doesn't affect me either since I also do not drink
I see where your coming from, and honestly it's sooooo silly if you ask me.

I'm saying if EK serve's some one alcohol on they're flight that lands them in a UAE jail. If some thing is illegal then that means is illegal.

It's like Thai, Malaysia, Singapore serving drugs on they're flights that land you in jail over there.

Basically the difference in mentality would make this an interesting case in the States.
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Old Jul 5, 2014, 2:39 pm
  #26  
 
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Originally Posted by NOIR
I don't drink on flights, so I really don't care much.

....but just because an EK aircraft is in the air doesn't mean it's out of the woods when it comes to U.S. laws. Remember part of the marketing in the States is serving alcohol on flights, but who really asks for permits on EK flights because it's considered illegal, they don't even warn you. In the States illegal means illegal even though in the UAE it's illegal, but we'll turn a blind eye until some one complains.

As long as EK fly to the States, do business in the States then they can be found guilty of serving a substance to someone on they're flight that landed some one in a UAE jail because it's considered illegal.

This can be an American flying from Auckland/Sydney-Dubai. As soon as that person steps out of a UAE jail, and steps back on U.S. soil EK would have some answering to do in a U.S. court.

This is a grey zone that could turn bad for EK.
EK I doubt would have some answering to do - it would likely be collateral damage in a diplomatic dispute between the United States and the UAE that would test the implementation in national laws of the 1963 Tokyo Convention.
http://www.icao.int/Meetings/LC35/Re...n.EN.FR.SP.pdf

However, the 2014 Montreal Protocol is attempting to close loopholes and provide clarification for these situations, but is still quite vague.
http://www.icao.int/secretariat/lega...otocole_mu.pdf
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Old Jul 5, 2014, 2:53 pm
  #27  
 
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It's a double standard, nothing more, nothing less. If it's illegal then it's illegal to drink alcohol.

If being on the aircraft is considered like being on UAE soil, and drinking in the UAE is considered illegal then why are EK/EY marketing, and serving alcohol???

That's the bottom line, and is exactly what the judge in the United States would also ask if someone landed in a UAE jail related to being served something considered illegal on the flight.
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Old Jul 5, 2014, 3:07 pm
  #28  
 
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It is entirely absurd and I totally agree. However, the argument could be made that if enforcement only happens when an incident occurs and alcohol is an aggravating factor, it would be simple for the UAE legal system to then drop the drinking without a licence charge and instead prosecute only, say, public intoxication and the underlying problem of complying with the law remains. Or, in fact, remains a deterrent to improve behaviour. How effect a deterrent it is of course, is not properly studied, I think!

Ah well, "it's not a problem until it's a problem" works both ways I think...
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Old Jul 5, 2014, 3:50 pm
  #29  
 
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Let's not confuse disorderly conduct under the influence of alcohol, or any other related charge that ties in with alcohol consumption with a charge of drinking an illegal substance.

Now that illegal substance was served to the pax with out a permit, no prior, or immediate warning by the airline to the pax you need a permit to drink alcohol, and even if you had a permit in some way your still breaking the law.

Now add to that the marketing of alcohol on all flights be that electronically, or visually in the States which in reality is misleading then of course you have a good case if it leads some one to a UAE jail.

It would be an open, and shut case because how could EK give a U.S. judge/jury a logical answer to why they served they're customer an illegal substance on board they're flight fully knowing it's illegal, and knowing it could land they're customer in a UAE jail.

In the States illegal means illegal. If a company misleads some one in the U.S. that lands them in a foreign jail then that is a crime under U.S. law.

The damages could be astronomical if someone decides to sue due to pain, and suffering, and that's what I was referring to.
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Old Jul 5, 2014, 4:26 pm
  #30  
 
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In some parts of Texas, one had to hold some type of membership to drink at a restaurant. The cost of the membership was free and can be done at the table. I wonder if the UAE license is something similar.
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