Alcohol Consumption in Public Places
Designation Orders: Implementation and Process
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
-
publish in the local press, a notice identifying areas proposed for designation
-
set out the effect of an order being made in relation to that place; and,
-
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. A copy of the order should be sent to the Home Office.
Last update: Tuesday, July 24, 2007