Alcohol Alcohol Consumption in Public Places
Designation Orders: Supporting legislation
Sections 12 -16 of the Criminal Justice Police Act 2001 provide local authorities to adopt powers to designate areas which have history of known anti-social drinking and nuisance.
http://www.legislation.hmso.gov.uk/acts/acts2001/20010016.htm
Alcohol consumption in designated public places
Clause 12 is intended to reduce the incidence of disorder and public nuisance arising from alcohol consumption in public places. By virtue of Clause 13, local authorities will be able to designate areas in which it will become an offence for any person to drink alcohol after being required by a police officer not to do so. The police will also have the power to confiscate and dispose of any alcohol and containers in the person's possession. It will be an arrestable offence to fail, without a reasonable excuse, to comply with the police officer's request
Clause 13 will allow local authorities to designate public areas for the purposes of clause 12 where they are satisfied that nuisance, annoyance or disorder has been associated with public drinking in that area. Where areas have been so designated, a police officer may require a person:
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not to drink in that place; and/or
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to surrender alcohol or open alcohol containers if the officer reasonable believes that the person is, has been, or intends to consume alcohol in that place.
Clause 14: Places which are not designated public places
The restriction on public drinking will not apply to any premises or area covered by a licence allowing the consumption of alcohol, for example, the premises of licensed houses, clubs or restaurants
Clause 15: Effect of sections 13 to 14 on byelaws
Many local authorities have byelaws in place to restrict public drinking and to allow for confiscation of alcohol. These will cease to have effect when the area is designated for the purposes of the Bill and the provisions in this Bill will then replace the byelaws. Any local authority byelaws which remain in force once these provisions come into effect, and which apply to areas which could be designated for this purpose, will lapse after 5 years
An alphabetical list of all local authorities which have introduced Orders in their areas under Section 13 (2) Of the Criminal Justice and Police Act 2001, date order came into effect and details of local authority contact is also available on this site.
Last update: Tuesday, July 24, 2007