Take the 2-minute tour ×
Skeptics Stack Exchange is a question and answer site for scientific skepticism. It's 100% free, no registration required.

My mother claimed the other day that it is a "state law" that any restaurant must serve customers tap water upon request, therefore not requiring customers to buy a (flavored) drink or (overpriced) bottled water. I asked her how she knows that, she said her dad told her, and it must be true because her dad would never lie to her and "if they could get away with making you buy a drink they would, but they can't, because it is illegal."

This is (by far) not the first time I heard someone make this claim, however it is the first time I heard it being claimed a (US) state law. I live in a different US state than my mom, and I heard it in the state I live in as well as the state my mom lives in.

So where is the proof? What locations exactly can legally refuse a customer a glass of tap water? What specific laws are on the books in the US, Europe, Australia, etc. about legally requiring restaurants to serve tap water to customers?

share|improve this question
3  
Seems too geographically wide IMHO. Unless it's a federal law, it'd need to be researched for each of the 57 states. –  DVK Nov 25 '11 at 19:32
3  
It's widely believed in the UK, and restaurants almost always abide by it even if its not actually a law. –  DJClayworth Nov 25 '11 at 19:58
    
I know that spanish restaurants give you free water last time I was there (a few years ago though in the summer) –  ratchet freak Nov 25 '11 at 20:00
1  
In italy you pay... –  Sklivvz Nov 25 '11 at 20:30
2  
Way too wide - these laws are local. For example, in New South Wales free water is a condition of a liquor license since 2004. –  Oddthinking Nov 25 '11 at 22:54

1 Answer 1

up vote 35 down vote accepted

Europe

In the Netherlands there was an action 1–2 years ago (this post is from 2011) to get free tap water in restaurants. You can recognize the restaurants that do so by a sticker on the window. (Dutch links.)

In Belgium there is no law regulating it (Dutch link).

in Spain you will generally get free water:

Water is frequently served without a specific request, and is normally charged for--unless it's included in your menu del dia. If you would like free tap water instead of bottled water, request "agua del grifo" (water from the tap). However, not all restaurants will offer this and you may be forced to order bottled water.

United Kingdom

In England and Wales, it is mandatory if you sell alcohol:

Condition 3. Free Tap Water for Customers

Many premises already offer free tap water. This condition means that all premises have to give customers tap water for free if they ask for it. This helps people to space out their drinks and not become intoxicated quickly, which reduces the risk of crime and disorder occurring.

The tap water you provide should be suitable for drinking and must be provided where reasonably available.

What is meant by “reasonably available” is a question of fact; for example, it would not be reasonable to expect free tap water to be available in premises for which the water supply had temporarily been lost because of a broken mains supply.

The same goes for Scotland:

(2) Tap water fit for drinking must be provided free of charge on request.

Australia

In New South Wales, since 2004:

It is mandatory to have free drinking water available to patrons at all times liquor is sold or supplied in licensed venues.

In Victoria since 2010:

licensed venues that supply alcohol for consumption on-site are required to provide free drinking water to their patrons.

Exemptions may be granted upon request.

In South Australia, the Liquor Licensing Act 1997 does not require it, but in the City of Adelaide there is a goodwill (voluntary) Adelaide Liquor Licensing Accord which covers it.

In Queensland, all licensed premises in Queensland are required by law "to provide drinking water to their patrons for free or at a reasonable cost."

The Liquor Regulation 2002 has been amended to include a requirement for licensees to make drinking water available to patrons free of charge or at a reasonable cost. For example, a glass of tap water should not cost more than a glass of soft drink.

The Northern Territory's Liquor Act does not specify water must be provided.

In Western Australia since 2007:

Section 115A of the Liquor Control Act 1988 (“the Act”) requires that the licensee must ensure that water suitable for drinking is provided, free of charge, at all times when liquor is sold and supplied for consumption on the licensed premises. The penalty for non-compliance: in the case of a licensee - $10 000; and in the case of a manager - $4 000.

North America

United States

Wherever prices of drinking water are unregulated, it is still rare to be charged for tap water at restaurants and bars, though it's common at self-service beverage fountains (e.g. convenience stores).

States requiring free water at all restaurants:

States only requiring free water where alcohol is served:

States with no known regulations: Alabama, California.

share|improve this answer
9  
Made Community Wiki so we can add them all. The claim is quite prevalent, as a Google search will demonstrate, but the laws vary locally. Let's just consolidate all of them in one answer. –  Borror0 Nov 26 '11 at 10:18

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.