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Alcoholic Drinks: Public Places

Volume 464: debated on Tuesday 16 October 2007

To ask the Secretary of State for the Home Department (1) whether (a) consent and (b) permission of (i) the police, (ii) central Government and (iii) regional government offices is needed for a local authority to introduce a public drinking ban in an area in their locality; (158132)

(2) what guidance has been given to local authorities on introducing public drinking bans.

The Criminal Justice and Police Act 2001 gave local authorities the power to designate public areas through the introduction of a Designated Public Place Order (DPPO) restricting antisocial public drinking in areas where alcohol related disorder or nuisance has been experienced.

DPPOs are sometimes mistakenly referred to as ‘public drinking bans’.

Once in place a DPPO provides the police with the power to enforce the restriction, where necessary because of the antisocial alcohol misuse, by confiscating both opened and sealed containers. It is an offence to drink alcohol in a designated public place after being required by a police officer not to do so.

The Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2001 require a local authority to consult with the police, parish or community council and licensees of any premises which may be affected before making the order. The local authority must also take reasonable steps to consult the owners or occupiers of any land within the proposed DPPO area. The local authority is required to consider the representations that it receives after consultation with the bodies listed above.

The local authority must also publish the details of the proposed DPPO in a newspaper and invite representations as to whether or not an order should be made.

Local authorities have been provided with the Alcohol Consumption in Designated Public Place Regulations 2001 and 2007; Explanatory Memorandum to the Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2007 and a Home Office Circular (13/2007) to chief executives of local authorities and chief constables in England and Wales on the Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2007.

This information along with links to Frequently Asked Questions and examples of best practice can be found on the following website:

www.crimereduction.gov.uk/alcoholorders/alcoholorders01.htm