Alcohol Consumption in Public Places
1. Introduction
The Local Authorities (Alcohol Consumption in Public Places) Regulations 2001, as set out under the Criminal Justices and Police Act 2001 is one of the key provisions recognised as tackling alcohol related disorder.
The creation of such an Order in a neighbourhood does not prevent persons from drinking out of doors on properly licensed premises. However any person who may reasonably be believed to be drinking alcohol off licensed premises, in a Designated area, shall upon the instruction of a Police Constable or Police Community Support Officer, surrender the alcohol for disposal. Failure to comply leads to an offence for which a fine can imposed and more importantly an individual who refuses to comply may be arrested.
It is not intended that these powers should interfere with the individual’s human rights but should only be used where necessary in the interests of the prevention of crime and disorder, public safety or to protect the rights and freedoms of others.
2. Identification of the problem
On a number of occasions Northumbria Police have approached the Council for assistance in addressing growing problems around youth disorder and alcohol consumption. In order to make use of the provisions contained in the Criminal Justice and Police Act 2001 a relevant Order is required to create a Designated Area. The making of such an Order is dependent upon the co-operation and assistance of the Council.
Typically the evidence that comes from Northumbria Police includes the receipt of various complaints from Members of the Public in a neighbourhood, who have witnessed street drinking by adults and underage youths. The Members of the Public who witness these individuals engaged in drinking in the street, report that they witness these individuals engaging in disorder, anti-social behaviour, urination and criminal damage.
When Police Officers and Police Community Support Officers attend these incidents they generally witness youths of all ages with considerable quantities of alcohol. The problem officers encounter are where individuals are over 18 years of age and who have purchased alcohol legally, but who are then supplying it to underage youths in their groups. Without the legal power to confiscate the alcohol, the youths carry on drinking when the Police Officers leave the area. Members of the Public typically make repeat calls to the Police until the youths disperse. When the groups of youths leave the area, bottles are found smashed on the ground, creating a danger to all and empty cans and other litter are left, causing a public nuisance to the local residents.
3. Procedural matters
In order to create an Designated Public Places Order it is necessary to place an advertisement in a local newspaper, setting out the effect of the Order, the area to be covered and inviting further representations for consideration.
After 28 days the Order can be made.
A second newspaper advertisement is then placed to confirm that the Order has been made, setting out the area covered, the effect of the Order and the date of its commencement.
Following the second advertisement, signs can be erected and the Order can be enforced by Officers from Northumbria Police.
4. Designated areas
The following list represents the areas of the City where Designated Public Places Orders are already in force and those that are proposed and awaiting confirmation.