Alcohol Policy UK

Regional and local news and updates

East of England regional alcohol newsletter

The East of England has released its second regional alcohol newsletter, highlighting key news, developments and best practice in the region. The newsletter publishes findings from the Big Drink Debate, examining attitudes and behaviours of people in the region towards alcohol consumption, impacts and harms. Full findings here.

The newsletter also outlines innovative regional alcohol programmes including work to improve offender health in Bedfordshire, with the specific focus on offenders with learning disabilities and mental health issues. It also outlines work in HMP Chelmsford to pilot a peer led Alcohol Misuse, Identification and Brief Advice initiative delivered by Prisoner Health Trainer Champions. Also identified are details of the regional Alcohol Improvement Programme and 7 new projects that have been funded for the region to help deliver the key alcohol High Impact Changes. 

Trendy London area now a 'saturation zone'

Clerkenwell in East London has now been deemed a 'saturation zone' to curb further growth of licensed premises. According to the local paper 'Clerkenwell attracts thousands of revellers to its 135 licensed nightspots every week - but residents claim that with the amount of alcohol on offer, people are drinking excessively and making too much noise.'

'Saturation zones' are informal names given to areas where new licensed premises are restricted through 'Cumulative Impact' policies - see here for DCMS guidance (pdf)

Other news and initiatives

Liverpool are investing in taxi marshals to reduce alcohol-fuelled disorder, according to the Liverpool Echo. Licensing officers in Dorset have rejected an application for a 24 hour alcohol home delivery service, as reported in this BBC story. Volunteer 'street pastors' who help troubled night-spot drinkers have been nominated for an award by Derbyshire police's first annual Community Achievement Awards. Police in Portsmouth have been carrying out undercover operations to catch licensed premises selling to drunk people, according to the local news.

Councils may use bye-laws for 'no alcohol zones'

A Daily Mail story has claimed that councils may use forthcoming bye-law legislation to create 'alcohol-free zones'. Councils will reportedly be able to pass bye-laws through the Local Government and Public Involvement and Health Act, likely to come into force next year. Nottingham City Council is reportedly planning such a ban to address problems associated with the night time economy. Council leader Jon Collins said: 'People understand clear messages. There's no confusion in alcohol-free zones. I do not think it's a civil liberties issue. It's about saying we do not want people drinking in the street.'

Currently councils can implement DPPOs often known as 'controlled drinking zones' (CDZs) which allow police to confiscate alcohol at their discretion; these were intended to replace former alcohol bye-laws. CDZs do not ban alcohol consumption, though are often misinterpreted as doing so and have raised some concerns about indiscriminate use. Recently a report from the Manifesto club claimed CDZ powers were being used excessively by police and Community Support Officers. A BBC story on Nottingham's proposed ban says the exsiting CDZs cause displacement.

Over 700 CDZs have been introduced since 2003, generally being described by police and councils as a 'useful tool' to help address alcohol-related anti-social behaviour. However they appear to have been most effectively used in relation to problematic street-drinking areas rather than rowdy town centres or night-time economy issues. A range of other powers are also available to police and councils such as Dispersal Zones and Penalty Notices for Disorder, outlined in this Home Office guidance. Drinking Banning Orders (DBOs) also recently became available on application.

Personally I wouldn't expect to see a significant difference in what is achieved whether 'no alcohol zones' or 'controlled alcohol zones' are in place. Whilst the message is different, the capacity to enforce these orders will remain the same. At least with the existing controlled zones there is a premise that alcohol should only be removed where 'an individual is causing a problem', and less risk of unrealistic expectations that public drinking would be eradicated.

Further information and guidance includes:

• The Home Office's 'The practical guide for preventing and dealing with alcohol related problems'
• 'Restricted drinking in public places' North West Alcohol Information fact sheet 4
• 'Street drinking: enforcement Vs support' AERC Alcohol Academy briefing paper
• 'Nightlife and Crime: Social Order and Governance in International Perspective'; a collection of studies by Phil Hadfield exploring alcohol-related disorder issues and approaches in the UK and Europe

Update 05/10/09:

According to the LGU, a spokesman for the Department for Communities & Local Government has since stated a ban would not be legal:

“Government legislation has already given councils, and the police, a range of powers to control drinking behaviour in their communities and it is taking steps to strengthen them further,” he said. “As such councils would not need to, or be able, to pursue a byelaw in this instance as they are specifically for local issues not covered by national legislation.”

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.

No Alcohol Disorder Zones set up

Councils have not implemented any 'Alcohol Disorder Zones' (ADZs), a measure that allows local authorities to impose charges on licensed premises to pay for the costs of addressing alcohol-related problems. The 'polluter pays' type power has not been up taken by any councils since they were made statute over 12 months ago, as part of the Violent Crime Reduction Act 2006.

The Daily Telegraph reported this as a failing of government to address alcohol-related disorder, but a Home Office spokesman said:

"The fact that there are not any Alcohol Disorder Zones does not suggest that they are not working. Alcohol disorder zones are one of many important tools available to local authorities and police but we have always stressed that they should be used as a last resort."

The Home Office guidance 'A Practical Guide for Dealing with Alcohol Related Problems: What You Need to Know' advises on the use of ADZs and states 'the potential for a zone being declared may be a useful tool to cause licence holders to review their own promotion of the licensing objectives to improve the area before a statutory action plan or order is imposed upon them.'

Drinking Banning Orders (DBOs), brought in under the same legislation, will soon be available as a measure to stop drink-related offenders entering premises. Guidance is due to be released, advising how police or local authorities will need to make applications for DBOs.  Recently one local authority used legislation dating back over a century to prevent a 'habitual' problem drinker from purchasing alcohol (story here). 

Please get in touch if you know of any cases of ADZs or DBOs being used or planned.

However whilst ADZs and Drinking Banning Orders may not yet prove popular, other alcohol-related legislation has been widely used, particularly  'Controlled Drinking Zones', formally known as 'Designated Public Place Orders' (DPPOs). These allow police to confiscate alcohol within the identified area, though are often misinterpreted as a ban on public drinking. Over 600 zones have been introduced since 2003, with some covering whole towns or boroughs.

Drinking Banning Orders to be implemented in the summer; guidance on DPPOs and ADZs published

Home Office Minister Alan Campbell has announced that from next summer, Drinking Banning Orders will allow police and local authorities to stop a person entering premises if they have been involved in criminal or disorderly conduct under the influence of alcohol.

Breach of an order, which can last up to two years, can lead to a fine of up to £2,500. The orders are focused on people whose drinking has been identified as a factor in their disorderly conduct.

The Government also published guidance on obtaining Designated Public Place Orders (DPPOs) and establishing Alcohol Disorder Zones. DPPOs allow police and local authorities to confiscate alcohol in public places, and command individuals in that area to stop drinking.

Campbell said: “The Government has given police and local authorities a wide range of tools and powers to tackle alcohol fuelled crime. We have recently given police forces and councils across England and Wales a cash boost of £4.5 million to deal with specific local problems."  He called for councils and police to employ new measures only as a “last resort”.  Morning Advertiser

• Download Guidance on Designated Public Place Orders (DPPOs): For Local Authorities in England and Wales
• Background here
• Download Alcohol Disorder Zones Draft Guidance
• Home Office press release

DPPOs come under fire from campaigning network

Designated Public Place Orders (DPPOs), often known as Alcohol Control Areas or Controlled Drinking Zones, have come under pressure as a report from a self styled 'pro-human campaigning network' the Manifesto Club . The group has urged the public to 'reclaim public spaces' with an organised event in Hyde Park, largely promoted on social network site facebook. A report by the group, called 'Against the Booze Bans and the Hyper-Regulation of Public Space', claims that local authorities have now put in place over 613 DPPOs and that many are being implemented excessively.

Part of the problem may be the common misconception of the DPPO as an alcohol ban, when actually it does not prohibit public drinking but in fact gives police and authorised officers powers to confiscate alcohol or arrest for non-compliance in specifically designated areas, as Alcohol Concern's Don Shenker correctly highlighted in a report in the Guardian.  A further report on the issue can be found in the Telegraph. However many local authorities have reported significant reductions in alcohol related anti-social behaviour following the implementation of the orders, albeit that vulnerable groups such as street drinkers should be provided with appropriate support and interventions.

For further information on DPPOs see the Home Office page here.

DPPO/alcohol control area news update

Designated public places orders (DPPOs) (sometimes called alcohol control areas or zones) are a tool that can be used by local authorities to deal with the problems of anti-social alcohol drinking in public places.

Once a DPPO is in place the police can use their confiscation powers to enforce the restriction. It is not an offence to consume alcohol within a designated area, but failure to comply with an officer's requests to stop drinking and surrender alcohol without reasonable excuse is.

DPPOs are available in areas that have experienced alcohol-related anti-social behaviour problems. They have been used across the country in areas ranging from a single street or park, to town centre or city-wide areas.

There are too many stories in local media about proposed or agreed DPPOs to report separately.  So for some time I have simply been tagging them using the social bookmarking service del.icio.us.  You can see all the tagged stories here.

Further information

• DPPO page on the government's Respect site
• Explanatory Memorandum To The Local Authorities (Alcohol Consumption In Designated Public Places) Regulations 2007
• Guidance for Local Authorities

Addressing problems with smokers drinking outside pubs: Plymouth DPPO enforcement

Designated Public Places Orders will be rigorously enforced following a significant increase in street drinking on the Barbican over the recent bank holiday weekend. Over the last few months Plymouth Police have been working with Licensed Premises Supervisors to ensure there is no street drinking in the four DPPO areas of Mutley Plain, North Hill, Union Street and the Barbican with an extensive education programme.

Sergeant Martin Worthington from Plymouth Police Licensing Department stated,

"Since the introduction of the smoking ban, we have been working with licensed premises, educating the public on the legislation in these areas. With increasing numbers of patrons now leaving premises to smoke, we have seen an increase in consumption of alcohol outside in some areas particularly on the Barbican. Having reviewed the position on the August Bank Holiday weekend, it is clear that it is now necessary to step up our enforcement to ensure the Designated Public Places Orders are being complied with.

"No one wants to have their drink confiscated and disposed of. However, unless you are seated within a designated seating area, you cannot consume alcohol in the street in these areas."

From Friday, 14th September police will be stepping up their enforcement of no street drinking on the Barbican and in other Designated areas. The legislation contained within Section 12 of the Criminal Justice and Police Act 2001 prohibits the consumption of alcohol in a designated public place. Police have the power to require a person to stop consuming alcohol and to surrender it to the officer. An offence is committed where a person consumes alcohol after being required by an officer not to do so. Failing to comply with the officer's request could lead to the issuing of a £50 penalty notice.

"We had hoped to enforce the legislation without resorting to confiscation, however it is clear the current strategy is not working in certain areas. We will therefore start seizing drinks from this Friday and all patrons are advised not to take alcohol drinks outside with them, unless they are able to sit within a designated seating area. No one should leave a drink unattended. Patrons wishing to smoke are advised to do so between drinks.

"We do not want any of the businesses to lose custom as a consequence of this change in policy, so have been working hard over the last few months with signs within the premises to ensure that the public is aware of the order. We also want to make new students who are coming to the city for the first time to be aware of this legislation to ensure they do not inadvertently fall foul of it."
Mid Devon Star

See also previous post on this.

 

Alcohol in the news 13.4.07: Man U fans asked to curb drinking in Milan; Swindon dispersal order

• UEFA has asked Manchester United to warn travelling supporters to cut down on their drinking ahead of the Champions League semi-final trip to face AC Milan next month.  UEFA spokesman William Gaillard said "If everyone behaves in a proper way, we should have a smooth sailing but Manchester United has to brief its fans and tell them what is appropriate. There has been a problem with drink and it would be nice if the supporters were advised not to do it. I realise this is a difficult thing but people are putting themselves at risk because they stop behaving in a rational way. UEFA are still investigating what happened in Rome, so we have to be careful, but there is shared responsibility for most situations, even if there is not equal responsibility." The Scotsman

• Swindon: Police say a dispersal order covering the town centre has helped prevent hundreds of people getting into serious trouble. The order, which has been renewed for a further six months this week, gives police the power to tell groups of two or more people causing problems to go home. Anyone who ignores the order can be arrested. Town centre beat manager Andy Alexander says the order has been a massive boost to officers policing the area on weekends. Another dispersal order, which covers the bus station and is aimed at the homeless drunks who gather there, has also just been renewed for a further six months.

Cheri Wright, the council's antisocial behaviour coordinator, said: "The dispersal order in the town centre is a pivotal part of the way in which the night time economy is policed in the town centre as police can proactively tackle some of the groups congregating before problems ensue. "The order at the bus station targets some of the problems with street drinkers and this gives the police the ability to move them on and deal with them effectively."  Swindon Advertiser

tackling street drinking - alcoholpolicy.net and LDAN workshop 15th May

alcoholpolicy.net and LDAN alcohol strategy action planning workshops
workshop 2: tackling street drinking – DPPOs, wet centres and other likely stories Tuesday 15th May, 2 to 4.30pm, London E2

The workshop will explore current problems and solutions associated with street drinking, including sessions on:

• street drinking in London today: population profiles, policy context, implications for ASB and treatment
• evidence for what works
• overview of current solutions in London – has anyone cracked it?
• key players to engage
• action planning

Speakers will share experiences of DPPOs, dispersal orders, outreach, treatment, ASBOs, environmental schemes and other initiatives.  This workshop is the second in a series of six practical workshops to bring you up to speed with the latest stuff, and help you make progress on alcohol.

aim: to drive local action on alcohol through practical guidance target audience: local alcohol champions (we mean anyone who wants to get things moving on alcohol)

why attend: these workshops will change your (working) life.  Action on alcohol has been bogged down in talking endlessly about all too familiar problems, and waiting for funding.  There is important work we can be doing now, with existing resources.  Come and get started.

about us: alcoholpolicy.net is behind the website and podcast for the alcohol harm reduction field.  We are an informal network of consultants, researchers and practitioners, keen to share our learning and ideas. Our motto: nonus reinventare wheela.  LDAN is the London Drug and Alcohol Network – developing substance misuse policy and supporting the capital’s treatment sector

other info: the workshops are free.  Materials and audio from the workshops will also be freely available on www.alcoholpolicy.net

to book contact Jim Bishop  020 7704 0004