Report claims public place alcohol control powers are misused

A recent report claims that the police are misusing their powers through the excessive confiscation of alcohol in controlled public places. The report, Robbed by the Police: Alcohol confiscation and the hyper regulation of public space calls for 'gung-ho officers to be reigned in and for a review of the police's confiscation powers'. The Manifesto club highlight there are now 712 alcohol control zones (officially Designated Public Place Orders) put in place by local authorities. Within those designated public places, police can require a person to stop drinking or confiscate their alcohol. Failure to comply can result in an arrest or an on the spot fine. 

Home Office guidance states that 'it is not appropriate to challenge an individual consuming alcohol where that individual is not causing a problem', but the Manifesto Club claim that 'across the country, police officers and community support officers (CSOs) have been confiscating alcohol from members of the public who are doing absolutely nothing wrong.' Whilst under the legislation police are entitled to confiscate alcohol whether disorder is evident or not, the report quotes members of the public who feel they have had alcohol confiscated unjustly. Other issues the report raises include: a lack of support, consultation or debate around the orders; cases of police and councils mis-labelling the control orders as 'bans'; and sufficient existing police powers.

In my experience, having evaluated several alcohol control zones, the issues raised are valid to varying degrees, but not in such simple terms. The report does not acknowledge where alcohol control zones have helped reduce alcohol-related crime and disorder and the associated impacts. In Hammersmith and Fulham, street drinking in problematic hot-spots was reduced by up to 62% after the control zone was brought in, backed by public support of 88%. In Southwark, an overall reduction of 27% was recorded in observed street drinking levels and anti-social behaviour. In 21% of incidents, street drinkers were either warned or moved on without having alcohol confiscated.

However the legislation, under the 2001 Criminal Justice and Police Act, does not put in place requirements for authorities to control or monitor how the powers are used. In cases where there is no evidence or likelihood of a problem, and the area is not a known alcohol hot-spot, common sense says it is unreasonable to confiscate alcohol. But the powers are favourable to police because they do not require paperwork and are simpler than lengthy and often unproductive processes of arrest for low level offences. This presents the difficult issue of the balance between accountability and the need to avoid excessive processes of data recording and reporting which can bog down public services.

I support the Home Office guidance in saying that police should only use the powers where there is evidence of nuisance or a real risk of alcohol related disorder occurring. Authorities should therefore ensure that partnership approaches can be taken to address alcohol related disorder, particularly where street drinkers or other vulnerable groups may need support. Police should receive training to recognise alcohol problems and be able to refer to local services, and importantly so that they recognise that confiscation powers are an option, not a necessity.

For further examination of the issues in addressing street drinking problems, see Street drinking enforcement Vs support: finding the balance briefing paper from the AERC Alcohol Academy.

Comments

[antony quinn]

how can you find out whether one of these alcohol free zones has been created in a particular area? where I live signs have gone up saying you can't drink, but I would like to know if the council has actually made it a civil offence here yet or not...

[james]

Hi Anthony,
The council has an obligation to make clear which areas are covered with 'appropriate signage'. A map should also be available of designated areas- try contacting the council's Community Safety unit.

Technically the zones do not make it an offence to drink within them - it is just police are allowed to remove alcohol or ask someone to stop drinking.

[David]

I enjoy a beer as much as the next man, I really do, especially in the recent weather. However, I cannot ever imagine a time when I have to drink in the street. How desperate and pathetic and sorry but yes yobby and chavvy this looks. What happened to a little self control?

[James]

David,
I think we need to be careful about generalising /labelling here - street drinkers often drink in parks, but just because they maybe be less 'well kept' than some Chardonnay drinking picnickers for instance does not mean they are automatically committing anti-social behaviour.

Understandably though street drinking in itself is not easy on the eye for many, partly why these powers have been so popular I expect. It is anti-social behaviour rather than street drinking itself though which must be recognised as offensive.