Alcohol Alcohol Consumption in Public Places
Designation Orders: Process & Procedures
Home Office Action Plan to tackle alcohol related crime, disorder and nuisance, which was launched in August 2000. It included specific action to meet three broad objectives, to:
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reduce the problems arising from under-age drinking;
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reduce public drunkenness; and
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prevent alcohol-related violence.
Supporting measures were incorporated into the Criminal Justice and Police Act 2001
The measures include new powers:
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to restrict anti-social public drinking in specified places;
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to close down unruly licensed premises;
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to further restrict drunkenness on licensed premises
Previously over 100 local authorities had introduced byelaws alcohol restricting the consumption of alcohol in designated public places, but only a very small number had powers to confiscate alcohol in these areas.
These sections contained within the Act have replaced the byelaw with primary legislation, which can be adopted by local authorities. The adoption procedures are more straightforward, and the introduction of primary legislation will help to ensure greater consistency.
The public drinking measures will provide an effective response to the problems associated with the anti-social consumption of alcohol in public places. Not only does this often include under-age consumption of alcohol, it can also generate problems of crime, disorder and social nuisance which impacts on others' quality of life.
Designation Orders: Process and procedures
Some easy steps
Evidence
Local authorities should first make assessment about the level of the anti-social drinking and disorder in areas proposed for designation. Crime Reduction and Disorder Partnerships and the police may be able to provide some level of evidence or history about the extent of the disorder or nuisance in these areas.
The level and detail of the assessment and evidence required is not as extensive as previously required for establishing a byelaw. However, local authorities will have to be satisfied that the proposed area for designation has a history of anti-social drinking and disorder
Consultation
Once the Local authority is satisfied with the assessment and evidence gathered on the proposed they should consult the police, any parish or community councils, licensees, land owners or occupiers and receive representations about areas that will be affected by the designation order.
It may be impractical to consult individually with all land owners and occupiers in the proposed area , therefore public consultation notices in the local press would be acceptable as part of the process
Publicity
Before making an order, the local authority should
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publish in the local press, a notice identifying areas proposed for designation
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set out the effect of an order being made in relation to that place; and,
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invite representations as to whether or not an order should be made.
Local authorities should not make an order until at least 28 days after the publication of the notice (See local authorities Regulation 5).
Designation Order
Once the process is complete, the local authority should make an order under 13(2) of the Criminal Justice and Police Act 2001. 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( see contact address).
Last update: Tuesday, July 24, 2007