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.
Positive Behaviour Intervention course providers at the bottom of this page.
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