Alcohol Designation

The Crime Audit 2004 identified alcohol fuelled crime and disorder and anti-social behaviour as a key issue for residents. Several areas were highlighted as 'hot spots' for anti-social behaviour. The 'Safer Hart' partnership therefore felt that the existing Alcohol Byelaws should be replaced with newly introduced legislation under the Criminal Justice and Police Act 2001 which gave specific provision for combating alcohol related disorder. The new powers enabled Local Authorities to designate areas to restrict the public consumption of alcohol and for the police to confiscate alcohol in open or sealed containers from adults in designated areas and young people in public places, where the police reasonably believe that they intend to consume alcohol. It would also be an arrestable offence to fail, without reasonable excuse, to comply with the police officer's request.

Criminal Justice and Police Act 2001 (External Link)

Working with partner agencies and local parish and town councils a review was undertaken to identify existing 'hot spots' where anti-social behaviour and nuisance associated with alcohol occurred. All identified areas had to be evidenced as having issues over an extended period if they were to be included in the Designation. At the end of July 2005 once this work had been completed, a Public Notice detailing the areas that were intended to be included in the Designation Order, and asking for any public representation to be made by the 26th of August 2005. From this consultation one area was enlarged and the final locations were included in a Designation Order that came into effect from the 1st October 2005.

Above is an example of the new signage erected at each location

The areas included in the Designation Order will be reviewed bi-annually by the 'Safer Hart' partnership, should you have any information regarding the existing locations please contact the Community Safety team on 01252 774476 or email: community-safety-team@hart.gov.uk

Frequently Asked Questions

Q. Will these measures lead to a universal ban on drinking in the open air?

A. No. Clause 13 will allow local authorities to designate public areas for the purposes of clause 12 where they are satisfied that nuisance, annoyance or disorder has been associated with public drinking in that area. The offence in Clause 12 will not be consumption of alcohol in a designated public place, but drinking after being required by an officer not to do so. And it will only apply in areas that have an experience of public drinking problems. These are unlikely to include peaceful, family picnic areas for example.

Q. Can local authorities introduce blanket restriction on alcohol consumption or create Alcohol Free Zones?

A. There are no provisions in the 2001 Act, which allow the creation of Alcohol Free Zones or blanket restriction on alcohol drinking in public. Before an area is proposed for designation, the local authority must obtain some evidence that the area has anti-social nuisance or disorder associated with it. Any proposals for a comprehensive ban on public drinking would be considered disproportionate to the intended purpose behind the measures contained in the new Act.

Q. What about anti-social drinking being displaced into non designated areas?

A. The creation of designated areas may well lead to anti-social drinking or nuisance being displaced into areas that have not been designated for this purpose. Prior to making an area designated, local authorities have to make an assessment of all the areas to where they reasonably believe that nuisance or disorder will be displaced, ensuring that all those affected by the designation are appropriately consulted.

Q. What about relaxing restrictions during public events?

A. Local authorities can, with the agreement of the police, allow public events like festivals to proceed without any restrictions on alcohol. Since the powers are only discretionary, these can be reviewed and exercised if local circumstances demand.

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