Alcohol Consumption in Public Places
Designation Orders
The Criminal Justice and Police Act 2001 (CJPA) gave local authorities the power to designate public areas through the introduction of a DPPO where it is an offence to drink alcohol after being required by a police officer not to do so. The police have the power to require individuals to surrender the alcohol and any opened or sealed containers, and if they fail to comply with the request they can be arrested. The powers – which replaced the old drinking byelaws - were introduced to help the police deal with the problems of anti-social drinking in the public space. DPPOs make it easier for local authorities to designate places where restrictions on public drinking will apply and can be used in areas that have experienced alcohol-related disorder or nuisance.
The police (and Community Safety Officers accredited through a community safety accreditation scheme), have powers to control the consumption of alcohol within the designated area. If they believe someone is consuming alcohol or intends to consume alcohol they can:
- require them to stop; and
- confiscate alcohol from people whether the drinking vessel is unopened or not.
If someone, without a reasonable excuse, fails to comply with the officer's request they are committing an offence and further action can be taken:
- a penalty notice for disorder of £50;
- arrest and prosecution for a level 2 fine (max £500);
- bail conditions can be used to stop the individual from drinking in public.
DPPOs are but one of a number of tools used by Local Authories to combat anti-social behaviour. For further information on other tools, please refer to the Respect website
Guidance on Designated Public Place Orders
The Home Office published Guidance on Designated Public Place Orders (DPPO): For Local Authorities in England and Wales on 23rd December 2008.
Recent changes
Section 26 of the Violent Crime Reduction Act 2006 which came into force on 6th April 2007 corrected an unintended problem associated with the licensing of public spaces under the Licensing Act 2003, and the use of Designated Public Places Orders (DPPOs) under the Criminal Justice and Police Act 2001.
Regulations set out the consultation, publication and signage requirements that need to be followed from the 6th April 2007 by local authorities for designating a public place under section 13 of the Criminal Justice and Police Act 2001.
Background to the changes
Section 13 of the Criminal Justice and Police Act 2001 enabled local authorities to introduce a DPPO to restrict anti-social drinking in designated public places and provide the police with the power to enforce this restriction. The 2001 Act also ensured that pubs and clubs that have a premises licence under the Licensing Act 2003 to sell and supply alcohol could not be designated by a DPPO.
The Licensing Act 2003 brought the licensing arrangements for a range of activities under the same licensing regime. So premises licensed for the sale of alcohol the provision of regulated entertainment and the provision of late night refreshment hold the same, single authorisation. The 2003 Act’s statutory guidance also encourages local authorities to seek premises licences for public spaces, in order to allow local community events such as farmers markets, open-air festivals, concerts and carnivals to take place without the need for each individual event organiser having to apply for a separate licence. In these cases it is the local authority that holds the premises licence and allows the various events to operate within its terms.
The unintended consequence of this has been that, where local authorities are granted a premises licence in respect of public spaces in order to hold regulated entertainment, and in some cases allow the sale of alcohol at certain times, these places could not then be designated with a DPPO. This therefore conflicted with local authority wishes to promote community events by licensing public spaces, while also wishing to make use of DPPOs in tackling the problems of anti-social drinking.
To clarify the position the Violent Crime Reduction Act 2006 (section 26) was used to amend the 2001 Act to ensure that premises used by local authorities in this way will only be excluded from a designated public place in which they are located at times when alcohol is actually being sold or supplied and for 30 minutes thereafter. The 2006 Act also separately ensures that a premises in respect of which a Temporary Event Notice (TEN) permits the supply of alcohol will also be excluded from a DPP in which it is located for 30 minutes following the supply of alcohol rather than 20 minutes as was previously the case.
The enclosed Regulations therefore set out the new procedures that local authorities must follow in designating a public place, in particular the consultation, publicity and signage requirements. The attached note, which is not a document on the legal procedure, provides guidance for local authorities in designating public places under the new Regulations, reflecting the changes made by the Violent Crime Reduction Act 2006.
Further details on the changes that have been made and details on how to introduce a DPPO can be found in Home Office Circular 13/2007 and the attachment to that circular.
Drinking Byelaws can no longer be introduced to address anti-social alcohol misuse behaviour.
Last update: Tuesday, December 23, 2008