Drinking Banning Orders
The Government has taken the decision to implement Drinking Banning Orders (DBOs) on application. These orders came into force on 31st August 2009 and will be available to practitioners from this date. The Home Office has published guidance on DBOs on application.
Drinking Banning Orders are modelled on Anti-Social Behaviour Orders. The key aspects of DBOs are as follows:
DBOs are civil orders. A DBO can be made against an individual aged at least 16 if he has engaged in criminal or disorderly conduct while under the influence of alcohol and the court considers that such an order is necessary to protect persons from further conduct by him of that kind.
A DBO may impose any prohibition on the individual that the court considers necessary to protect others from alcohol related crime or disorderly conduct by him while under the influence of alcohol. The prohibitions must include whatever the court thinks necessary for that purpose with regard to the individual entering premises that sell alcohol.
They can be made either on application to the courts by the police or local authority, or on conviction of an alcohol related offence. We are currently only implementing DBOs on application. This will mean that the police and local authorities will be able to apply to the magistrates' court (and county court) for the imposition of a DBO on an individual.
Commencing DBOs on application only, will enable their effectiveness in tackling the problems of alcohol misuse behaviour to be proved before a wider rollout for criminal cases on conviction. It will give the courts a slower lead in time, and allow them to become more familiar with the legislation. We will monitor their effects closely before a decision is made on the commencement of DBOs on conviction.
DBOs can last for between 2 months and 2 years - more of a "short, sharp shock" than ASBOs, which are designed with a minimum length of 2 years and aimed at covering the whole spectrum of anti-social behaviour. Under certain circumstances a DBO can be varied or discharged and appeals can be made against the making of a DBO. The Act also provides for the making of interim orders.
Offenders who breach a DBO will be liable to a fine not exceeding level 4 (£2,500). There is no custodial penalty for breach of a DBO.
The Violent Crime Reduction Act also enables courts to offer a "Positive Behaviour Intervention" course - on a voluntary basis - to the subject of a DBO, as a means to address their alcohol misuse behaviour. These courses focus on educating individuals about the serious social and health impact of heavy alcohol consumption. Successful completion of the course may lead to a reduction in the length of the Order.
You can read the full text of the legislation that introduced Drink Banning Orders on the Office of Public Sector Information website.
Guidance
The Home Office published Guidance on Drinking Banning Orders on application on Friday 28th August 2009. Further info can be obtained from Joanne French on 020 7035 0066 or Joanne.french@homeoffice.gsi.gov.uk.
Sample forms
You can download an application form for drinking banning order 
PDF 6Kb and download an application form for interim drinking banning order PDF 24Kb
Course providers
The following course providers have been approved by the Secretary of State to deliver DBO approved courses in the areas listed:
Avon, Berkshire, Buckinghamshire, Cornwall, Devon, Dorset, Gloucestershire, Hampshire, Milton Keynes, Oxfordshire, Somerset, Surrey, Sussex, Wiltshire
VMCL Ltd and Swindon & Wiltshire Alcohol and Drugs Service (SWADS). 3 Hopewell House Whitehill Industrial Park Wootton Bassett SWINDON SN4 7DBKent
Howard Cohn, Commissioning Services Manager, Kent Probation, 24 Maynard Road, Canterbury, CT1 3RH. Tel: 01227 866641, Mob: 07921 937889. Email: howard.cohn@kent.probation.gsi.gov.uk .Norfolk, Suffolk, Cambridgeshire, Essex, Bedfordshire, Hertfordshire and London
HAPAS Education & Training, 30 High Street, Welwyn, Hertfordshire, AL6 9EQ. Tel: 01438 718374, 01438 814241. Fax: 01438 841242. Email: courseprovision.hapas@btconnect.com .Wales
Ogwr D.A.S.H. 74, Nolton Street Bridgend Mid Glamorgan Wales CF31 3BPCumbria, Lancashire, Greater Manchester, Merseyside, Cheshire, Shropshire, Herefordshire, Worcestershire, Warwickshire and Leicestershire
TTC 2000 Hadley Park Telford TF1 6QJWest Midlands, Northamptonshire and Staffordshire
Martin Chidgey, Criminal Justice Manager, Aquarius, 2nd Floor, 16 Kent Street, Birmingham, B5 6RD. Tel: 0121 6228166. Mob: 07841 662704. Email: Martin.chidgey@aquarius.org.uk or Glen Plant, Senior Practitioner Criminal Justice, (address as above). Tel: 0121 6228186. Mob: 07595 653215. Email Glen.plant@aquarius.org.uk .Lincolnshire, Nottinghamshire, Derbyshire, South Yorkshire, West Yorkshire, East Riding of Yorkshire
Reform, PO Box 609, Sheffield S6 2XT. Tel: 0114 2811229. Fax: 0114 2490044. Email: reformoffice@btinternet.com.North Yorkshire, South Durham
The Albert Centre, 3 Albert Terrace, Middlesbrough, Cleveland, TS1 3PA. Website: www.thealbertcentre.co.uk . Tasleem Blagg, Drinking Banning Order Coordinator, Tel: 01642 355264. Fax: 01642 213278. Email: tess@thealbertcentre.co.uk .Northumberland, Tyne and Wear and Durham
NECA Headquarters, Derwent Point, Clasper Way, Swalwell, Newcastle upon Tyne, NE16 3BE. Tel: 0191 4146446. Fax: 0191 4148124. Email: ian.cockings@neca.co.uk - Training Administrator, rachael.white@neca.co.uk - Training Administrator, linda.valentine@neca.co.uk - Training Manager.
This map further clarifies of the areas which have been allocated to each provider. Click on the map for a larger version.
Regulations
You can also download a copy of the regulations covering the provision of courses PDF 2.2Mb LARGE FILE!
The regulations are formally known as Statutory instrument 2009 No 1839 - The Violent Crime Reduction Act 2006 (Drinking Banning Orders) (Approved Courses) Regulations 2009.
Last update: Friday, October 23, 2009