Alcohol Consumption in Public Places
Designation Orders: Frequently Asked Questions
Questions
Q. Can we still introduce a byelaw to restrict public drinking?
Q. What guidance has the Home Office provided on the nature of signs?
Q. Is there a prescribed format in which the Designation Order should appear?
Q. Can we still introduce a byelaw to restrict public drinking?
A. Byelaws cease to have effect on the 1st of September 2006, so while local authorities can still introduce byelaws, we strongly recommend that LAs adopt the powers under section 13 to replace any existing byelaws which will, by virtue of section 15 of the Criminal Justice and Police Act cease to have effect and will lapse after a period of 5 years from 1 September 2001.
Q. Can a DPPO extend to cover an area where there is not yet evidence of a problem of anti social alcohol misuse?
A. It can be the case that 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. Therefore, before making an area designated, local authorities should make an assesment of all the areas to where they reasonably believe that nuisance or disorder will be displaced, ensuring that all those affected by the designation order are appropiately consulted. This is to allow for consideration to be given to the consequences of the designation order on the neighbouring authority (such as the possible displacement of anti-social public drinking problems). It might be appropiate for a local authority to designate an area beyond that which is experiencing the immediate problems caused by anti-social drinking if police evidence suggests that the existing problem may be displaced once the DPPO was in place. In which case the designated areas could include the area to which the existing problems might be displaced.
There however are no Criminal Justice and Police Act 2001 powers specific to the issue of displacement but it makes prcatical sense for local authorities to take displacement into account before setting their designated area under the DPPO.
Q. What guidance has the Home Office provided on the nature of signs?
A. The Home Office has not provided guidance on the prescribed wording or format of signs in areas that have been proposed for designation. However, we are aware that some local authorities (LA) have adopted signs used in the previous byelaws which show glass or beer bottles with an intersecting diagonal red line. We have no objection to this but suggest that the diagonal line be removed since it may suggest some sort of prohibition or ban. Where possible, signs should carry details of a small map to indicate the areas affected by the order. Local authorities who have previously used signs indicating" Alcohol free Zones" should also refrain from using them as this can be misleading and convey the wrong message. (see model sign).
Q. Can local authorities introduce blanket restriction on alcohol consumption or create Alcohol Free Zones?
A. There are no provisions in the 2001 Act, 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 (see guidance letter). Any proposals for a comprehensive ban on public drinking would be considered disproportionate to the intended purpose behind the measures contained in the new Act.
Q. What about relaxing restrictions during public events?
A. Local authorities can, with the agreement of the police, allow public events like festivals to proceed without any restrictions on alcohol. Since the powers are only discretionary, these can be reviewed and exercised if local circumstances demand.
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. (See also Model Order)
Last update: Tuesday, July 24, 2007