Booze Asbo – Are they a sufficient deterrent to Britain’s binge drinking culture?

Booze Asbo – Are they a sufficient deterrent to Britain’s binge drinking culture?

 

16 I 09 I 09

 

Neil Morgan


 

New powers have come into effect on the 1st September

across England and Wales.  These powers enable the police and local authorities to seek a Drink Banning Order (or booze ASBO) for anyone over the age of 16 who is behaving in an anti-social or illegal manner whilst under the influence of alcohol.  The purpose of these new powers is to protect the community from the damage, destruction and anti social behaviour that so often accompanies drunken behaviour.

 

Magistrates and County Courts will be able to ban individuals under a Drink Banning Order (DBO) from specified premises or areas for up to two years, with fines up to £2,500 for a breach of the order.  The DBO duration can be flexible if the individual agrees to attend a Positive Behaviour Intervention Course.

 

The effectiveness of these powers will largely depend on those charged with their enforcement, not only in initially securing the orders, but also actively enforcing the orders should they be breached.  Powers to protect people from persons who engage in criminal and / or disorderly conduct whilst under the influence of alcohol must be encouraged. However it remains to be seen whether these particular powers will act as a sufficient deterrent to stop people from engaging in drink related anti-social behaviour or whether they will simply displace unruly individuals from one end of town to the other.

 

Do they really add anything to current Anti Social Behaviour Orders/ Anti Social Behaviour injunctions which can currently be sought/obtained preventing the same type of behaviour? Are these powers really an effective method of dealing with the growing issues associated with the binge drinking culture as seen in City Centres across the UK on a Friday and Saturday night? We are also seeing an increased number of cases of drink related anti-social behaviour in under 16’s and these powers do not assist in alleviating this problem.  

 

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Contact

Neil Morgan

Partner

Head of Property Dispute Resolution

Head of Social Housing

 

E neil.morgan@hughjames.com

T 029 2066 0589

 

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