Crime Reduction - Helping to Reduce Crime in Your Area

Frequently Asked Questions

Questions

• Under which powers can police confiscation alcohol from young people?
• What about confiscation of closed containers?
• Who else can have powers to confiscate alcohol containers?
• Does a DPPO lead to a universal ban on drinking in the open air?
• Can local authorities introduce blanket restriction on alcohol consumption or create Alcohol Free Zones?
• What about anti-social drinking being displaced into non designated areas?
• Is there a prescribed format in which the Designation Order should appear?
• How can local authorities extend a DPPO area?
• Can we still introduce a byelaw to restrict public drinking?
• Where do I send a copy of the order and map to?

Underage drinkers/sealed and opened containers

Q. Under which powers can police confiscation alcohol from young people?

A. The police have powers to confiscate alcohol in both sealed (amendment provided by section 155 of the Licensing Act 2003) and opened containers from young people in public and certain other places when exercising the confiscation powers provided by the Confiscation of Alcohol (Young Persons) Act 1997.

Q. What about confiscation of closed containers?

A. The Licensing Act 2003 makes it clear that an officer may only confiscate a sealed container where he or she reasonably believes that the person is, has been, or intends to drink the alcohol in that place. The powers should be used against those who are, through their drinking, causing a publics nuisance or likely to do so.

^ Back to top ^

Powers to confiscate

Q. Who else can have powers to confiscate alcohol containers?

A. The police (and Community Safety Officers and people 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.

^ Back to top ^

Universal ban on drinking

Q. Does a DPPO lead to a universal ban on drinking in the open air?

A. No. Section 13 of the Criminal Justice and Police Act 2001 (CJPA) allows local authorities to designate public areas for the purposes of section 12 where they are satisfied that nuisance, annoyance or disorder has been associated with public drinking in that area. The offence in section 12 will not be consumption of alcohol in a designated public place, but drinking after being required by an officer not to do so. DPPOs will only be introduced in areas that have experienced problems with public drinking. These are unlikely to include peaceful, family picnic areas.

Can local authorities introduce blanket restriction on alcohol consumption or create Alcohol Free Zones?

A. There are no provisions in the CJPA, which allow the creation of Alcohol Free Zones or blanket restriction on alcohol drinking in public. Before an area is proposed for designation, the local authority must obtain some evidence that the area has anti-social nuisance or disorder associated with it. Any proposals for a comprehensive ban on public drinking would be considered disproportionate to the intended purpose behind the measures contained in the CJPA. Refer to Home Office Circular 13/2007 and the attachment to that circular for further details.

^ Back to top ^

Displacement

Q. What about anti-social drinking being displaced into non designated areas?

A. The creation of designated areas may well lead to anti-social drinking or nuisance being displaced into areas that have not been designated for this purpose. Prior to making an area designated, local authorities should make an assessment of all the areas to where they reasonably believe that nuisance or disorder will be displaced, ensuring that all those affected by the designation are appropriately consulted - refer to Home Office Circular 13/2007 and the attachment to that circular for further details.

^ Back to top ^

Format of Order

Q. Is there a prescribed format in which the Designation Order should appear?

A. For the purposes of the CJPA 2001, The Dogs (Fouling of Land) Act 1996 provides local authorities with the prescribed format that should be used for designation orders.

Q. How can local authorities extend a DPPO area?

A. A new Order would have to be produced, if an exiting designated area is to be extended. This is to ensure that the extended area is just and reasonable. Refer to Home Office Circular 13/2007 and the attachment to that circular for details on introducing DPPOs.

^ Back to top ^

Drinking Byelaws

Q. Can we still introduce a byelaw to restrict public drinking?

A. By virtue of section 15 of the CJPA drinking byelaws would cease to have effect from 1st of September 2006, Local authorities should therefore consider adopting the CJPA powers to introduce a DPPO - refer to Home Office Circular 13/2007 and the attachment to that circular for further details.

^ Back to top ^

Sending copies of Orders

Q. Where do I send a copy of the order and map to?

A. Once the process is complete, the local authority should make an order under section 13(2) of the CJPA. The Order should include all areas affected by it and the date it came into effect Copy of the order should be sent to the Home Office:

Last update: Thursday, October 04, 2007