cram Posted January 27, 2011 Report Posted January 27, 2011 Probably a stupid question, but heard a story today that surprised me. Is it illegal to have a beer inside an ice hut? I know its illegal to have an open beer while fishing outside a hut....but always thought you were fine inside as long as you weren't driving. Is it - yes or no?
irishfield Posted January 27, 2011 Report Posted January 27, 2011 Illegal.. unless it's a full living quarter bungaloo with full head etc. Technically even the Nip bungalo's aren't legal as the head is outside.. but since it's a rental they consider it your "residence".. like a campsite. Basic hut.. illegal
Gerritt Posted January 27, 2011 Report Posted January 27, 2011 (edited) It needs to be considered a residence.. meaning an attached bathroom.. most homemade huts do not have one.. rentals don't either... but because you're paying they take it in to consideration.. very much the rules as a boat. edited to add.. as Wayne stated while I was doing my post. Edited January 27, 2011 by Gerritt
cram Posted January 27, 2011 Author Report Posted January 27, 2011 Okay - has enforcement of this picked up recently, or have I just been lucky? Never had an issue...though not on super busy lakes either.
FishAbout Posted January 27, 2011 Report Posted January 27, 2011 As long as you are in a hut you are fine. http://www.sootoday.com/content/news/full_story.asp?StoryNumber=50506
irishfield Posted January 27, 2011 Report Posted January 27, 2011 Just a crap shoot... It's a "liquor other than residence" charge if the OPP drop by. The CO also has the ability to lay this charge as well in the last few years.....
irishfield Posted January 27, 2011 Report Posted January 27, 2011 As long as you are in a hut you are fine. http://www.sootoday.com/content/news/full_story.asp?StoryNumber=50506 Print that one out and keep it in your hut... better yet find the official press release if there is one. Georgian Bay OPP go hut to hut and lay Liquor other than residence charges every winter.
Gerritt Posted January 27, 2011 Report Posted January 27, 2011 in most cases if you do not act like an idiot, and the fuzz will not treat you like one.. after all they may enjoy fishing too, and for some reason beer and fishing go hand in hand..especially during hard water season. treat the authorities with respect, and in most cases you will receive the same in return. But yes if you are falling down drunk, act like a jerk when checked, or are blatantly disrespecting the law.. (ie.. open alcohol while tending you're lines) then you can expect a ticket.. most officers are decent about this. However, there is an exception to the rule..... The OPP have coffers to fill after all... (I do believe they still have quotas..) G
cram Posted January 27, 2011 Author Report Posted January 27, 2011 I understand if people are being yahoos and disturbing others or endangering themselves.....but going hut to hut to lay tickets seems pretty overboard to me. Especially for huts where you stay overnight.
irishfield Posted January 27, 2011 Report Posted January 27, 2011 But yes if you are falling down drunk, act like a jerk when checked, or are blatantly disrespecting the law.. (ie.. open alcohol while tending you're lines) then you can expect a ticket.. sounds like an OFC get together at Hooters.. Sharp hooks.. sharp power augers.. sleds.. towing portable huts.. questionable ice or machine breakdowns.. we wait 'till we come in off the ice! Would probably be a different tune I'm sure if we were all 20 years younger, but we've been there done that and wonder how we're still all here!
cram Posted January 27, 2011 Author Report Posted January 27, 2011 (edited) in most cases if you do not act like an idiot, and the fuzz will not treat you like one.. after all they may enjoy fishing too, and for some reason beer and fishing go hand in hand..especially during hard water season. treat the authorities with respect, and in most cases you will receive the same in return. But yes if you are falling down drunk, act like a jerk when checked, or are blatantly disrespecting the law.. (ie.. open alcohol while tending you're lines) then you can expect a ticket.. most officers are decent about this. However, there is an exception to the rule..... The OPP have coffers to fill after all... (I do believe they still have quotas..) G This has been my experience as well -- have often had police drop by while i'm fishing (including last year) and didn't seem to care that i had a beer. Good chat about the lake/ice/etc and they went on their way. Nice guys just checking in. Someone told me its been a big deal this year (hut to hut, like Wayne said)...as though it changed. Edited January 27, 2011 by cram
cram Posted January 27, 2011 Author Report Posted January 27, 2011 sounds like an OFC get together at Hooters.. Sharp hooks.. sharp power augers.. sleds.. towing portable huts.. questionable ice or machine breakdowns.. we wait 'till we come in off the ice! Would probably be a different tune I'm sure if we were all 20 years younger, but we've been there done that and wonder how we're still all here! Didn't mean smashed.....i don't want to carry that much beer with me anyway (too heavy). But 3-4 over an afternoon isn't going to hurt me (or others).
Fishnwire Posted January 27, 2011 Report Posted January 27, 2011 Depends on who you talk to. This discussion was on another board and various posters had differing opinions on this which they based on their on experience and/or what they heard first hand from COs or police officers. Guys went to the trouble of asking this specific question and the "authorities" gave different guys different answers. Some people were told that open liquior is allowed inside the hut and within its immediate vicinity. They were also told the hut doesn't require sleeping or cooking facilities, nor does it require a bathroom. Another guy (who had all those things and was charged anyway) was told by the cop that none of that applied to a hut...only a boat. There were various stories of cops and COs displaying a wide range of leaniance (or lack there of) so it would seem that sadly, the only way you can be sure of not having problems it to leave the high-test at home. One guy posted this... "Thank you for your enquiry. MNR Conservation Officers are appointed under the Liquor Licence Act (LLA) and can enforce its provisions and regulations. Similar to the Off-Road Vehicles Act and The Motorized Snow Vehicles Act the LLA is not necessarily considered to be a mandated piece of MNR legislation however they all can be and are from time to time enforced by Conservation Officers, particularly in instances where public safety is at issue. Ice huts and tents located on Crown land, at this point in time are accepted by MNR as being a "private place" as defined in LLA Regulation 718. Therefore it is MNR's interpretation that alcohol may be legally consumed within them. While there remain some grey areas in respect to portable ice huts meeting the definition of a "private place", once again the primary decision of a Conservation Officer to enforce the LLA in any situation will be related to the safety of the individuals involved and to the public in general. If you have any further questions, please contact the Natural Resources Information Centre at 1-800-667-1940. Regards, nric web reader - gh ******************************************* Natural Resources Information Centre" But another guy posted this... "Reference: Liquor Licence Act. Section 31, 32 Criminal Code of Canada Section 253 The law enforcement agencies in Ontario that enforce the legislation that governs the consumption of alcohol (Liquor Licence Act, Criminal Code of Canada) consider an ice shack to be a residence only when it is equipped with cooking, sleeping and washroom facilities. Alcohol may be consumed inside the shack and in the area immediately adjacent to the building. Most importantly however, the persons consuming alcohol must plan on staying and actually stay overnight. If the ice shack is not being used as a residence but merely as a temporary day shelter, or if it doesn’t meet the criteria of a residence then charges could be laid." --- A poster eventually said he just got off the phone with the OPP and was told it would basically depend on the officer and what kind of mood he was in that day. How do you like that? I guess it could also depend on whether you were dealing with a CO or actual cop.
irishfield Posted January 27, 2011 Report Posted January 27, 2011 (edited) Didn't mean smashed.....i don't want to carry that much beer with me anyway (too heavy). But 3-4 over an afternoon isn't going to hurt me (or others). Yah.. I hear ya. Not a big deal. Power drinks probably make you act more irratic ! Edited January 27, 2011 by irishfield
Guest ThisPlaceSucks Posted January 27, 2011 Report Posted January 27, 2011 (edited) i've seen people get charged for having one beer in their lunchbag for a day of fishing. it's totally ridiculous and insulting that instead of chasing poachers, they harass anglers. Edited January 27, 2011 by Dr. Salvelinus
dhickey Posted January 27, 2011 Report Posted January 27, 2011 Illegal.. unless it's a full living quarter bungaloo with full head etc. Technically even the Nip bungalo's aren't legal as the head is outside.. but since it's a rental they consider it your "residence".. like a campsite. Basic hut.. illegal no toilet no booz. thats the standard rule. singed new guy .don h.
misfish Posted January 27, 2011 Report Posted January 27, 2011 In most cases,they will not charge you here if you are well mannerd and not out of hand. They will however ream yer if your not. I with Doc,but also with Wayne on this.Chase the real perps,and wait til yer off,and yes been there done it many times years ago.
mercman Posted January 27, 2011 Report Posted January 27, 2011 no toilet no booz. thats the standard rule. signed new guy .don h. MDB. welcome to the ratrace Don !!Jump right in,,,the waters fine
fishing n autograph Posted January 27, 2011 Report Posted January 27, 2011 (edited) Yes it is illegal. Most likely you'll be asked to dump your booze instead of getting a ticket, it all depends on the officer and your attitude. Personally, I have never been more than 20 feet out on the ice so I don't really interact with the guys on simcoe so I don't really know what goes on. If I see a beer or two I'm not going to get bent out of shape but if I see a dozen crushed empties and a 2-4 in the corner then we'd have issues Edited January 27, 2011 by FishnNAutographs
canadadude Posted January 27, 2011 Report Posted January 27, 2011 On lake Nipissing we were never bothered for liquor in or around the hut, however the OPP set up a R.I.D.E check point right off the landing every Saturday afternoon till around 8:00pm. They also never failed to nail at least 2 or 3 ice fishers, like previously said if your polite out on the ice the MNR or OPP ask a few questions and wish you a good day.
skeeter Posted January 27, 2011 Report Posted January 27, 2011 ok so as i understand this, i have cooking facility's, and sleeping facility's in my hut, so all i need is a plastic bag in a milk crate to make it legal? ok, party time. im on my way to the store to pick up a case of root beer...... "Would probably be a different tune I'm sure if we were all 20 years younger, but we've been there done that and wonder how we're still all here!" Wayne i have no idea what you mean!
hockeyplayerz_14 Posted January 27, 2011 Report Posted January 27, 2011 I look at it like Water on the Water and beer on the peer
DRIFTER_016 Posted January 27, 2011 Report Posted January 27, 2011 (edited) No rules about it up here in the far north that I know of, but good luck keeping it from freezing while sledding to your fishing spot. I keep drinks in a cooler with hand warmers and still have them freeze up. Edited January 27, 2011 by DRIFTER_016
Sinker Posted January 27, 2011 Report Posted January 27, 2011 I've never seen whiskey freeze!! Beer is for the ladies. I pretty much always have my flask full of something in the ice. Not enough to get drunk, but just the right amount to keep me warm S.
cram Posted January 27, 2011 Author Report Posted January 27, 2011 Yes it is illegal. Most likely you'll be asked to dump your booze instead of getting a ticket, it all depends on the officer and your attitude. Personally, I have never been more than 20 feet out on the ice so I don't really interact with the guys on simcoe so I don't really know what goes on. If I see a beer or two I'm not going to get bent out of shape but if I see a dozen crushed empties and a 2-4 in the corner then we'd have issues Think i'd rather get a ticket than have all of our beer dumped.
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