More Magistrates’ Courts across England and Wales have today been given power to impose Drink Banning Orders (DBOs) or so-called “Booze ASBO’s” against those who are convicted of alcohol-fuelled crime or anti-social behaviour.
Magistrates in a further twenty-five areas have received these powers today.
DBOs have been available for local authorities and police on application to a civil court across England and Wales from 1 September. Until now, only magistrates in twenty-five areas of the country have been able to impose a DBO upon conviction.
A DBO can be imposed on someone over the age of sixteen who has acted in a disorderly manner or who has committed a criminal offence whilst under the influence of alcohol.
The order can prevent that individual either from entering any premises that has either a premises licence or club premises certificate authorising the sale or supply of alcohol. This can be restricted to certain named premises or premises in a particular locality. The order can apply from not less than two months to not more than two years. The length of the DBO can be reduced by up to half, if the individual attends a Government-approved course to deal with their alcohol-related behaviour.
If the terms of a DBO are breached then that is a criminal offence, punishable by a fine of up to £2,500.
Home Office Minister, James Brokenshire says:
We remain concerned about the number of alcohol related incidents and the drink-fuelled violence and disorder that blight many of our towns and cities. The extension of Drinking Banning Orders on conviction to a further 25 local justice areas will help local communities manage problem individuals and will also help those individuals to address the reasons for their behaviour.
The twenty-five areas being added today are: Birmingham, Bristol, Burnley, Pendle and Rossendale, City of Westminster, Denbighshire, East Berkshire, Fenland, Grimsby and Cleethorpes, Gwent, Hammersmith and Fulham and Kensington and Chelsea, Hartlepool, Lambeth and Southwark, Manchester City, Mansfield, Merthyr Tydfil, Newcastle-upon-Tyne District, North East Derbyshire and Dales, North East Suffolk, North Kent, North Tyneside District, Northampton, Plymouth District, Sedgemoor, West Cornwall, West Hertfordshire.
DBOs can already be imposed by magistrates in: Cardiff, Central and South West Staffordshire, City of London, City of Salford, Corby, Coventry District, Doncaster, East Dorset, East Kent, Fylde Coast, Hackney and Tower Hamlets, Halton, Hull and Holderness, Leicester, Lincoln District, North Staffordshire, Nottingham, Reading, Southampton, South Devon, South East Hampshire, Southern Derbyshire, Sussex (Central), Teesside, Wakefield.
What impact might DBOs have on licensees? There is no provision in the legislation for licensees to be notified of individuals who are banned from their premises. Licence holders will have to rely on enforcement authorities, such as the police, to tell them when this occurs. If you have a good Pubwatch in your area, then it is hoped information will be passed through this channel. If not, you might be blissfully unaware of the existence of any banned individuals.
Despite the lack of this provision, we have no doubt that some enforcement authorities might seek to blame licensed premises for allowing banned individuals on to their premises. This could lead to a review of your premises licence. In the absence of any information on banned individuals this would seem grossly unfair and should be vigorously defended.
If you need any advice on this article, please contact either Lisa Croft, Michael Parrott or Rob Westwood-Payne on 01242 285855 or email us.