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Street
drinking in Oxford
Last
Updated: 07 February 2008
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Below are frequently asked questions on street drinking, which will hopefully address any
concerns that you may have.
When
was the Alcohol Designation Order introduced?
The
Oxford City Council Alcohol Consumption in Public Places Order 2006 came
into force on 5th May 2006. Any person who is drinking alcohol and
behaving in a manner that may cause nuisance or annoyance to other members
of the public in a public place in Oxford, will have their alcoholic
drinks confiscated by a police officer or other officer accredited with
these powers.
What does a Designation Order do?
A Designation Order applies to public areas in which it will become an offence
to drink alcohol after being required by a police officer not to do so. While
it is not an offence to consume alcohol within the 'designated' area, it
is an offence if you fail to comply with the police officer's request.
Why do we want them in Oxford?
The purpose of the orders is to reduce anti-social behaviour associated with
chaotic street drinking AND reduce violence associated with the use of bottles
and glasses as weapons.
Both purposes are in support of the Crime and Disorder Act 2002-05, part of the
Council's Policy Framework and are significant areas of concern for the public.
What is a public place?
"
public place" means any place to which the public
or any section of the public has access, on payment
or otherwise, as of right or by virtue of express or
implied permission.
Will an Order cover the licensed premises?
A place is not a designated public place or a part of such a place if it is a
licensed premises or a registered club or a place within the curtilage of any
licensed premises or registered club.
What happens if someone is drinking
in a designated place?
The police will have the power to require a person, in a designated place, not
to drink alcohol in that place where the officer reasonably believes that the
person is, has or intends to do so, and to surrender any alcohol or alcohol containers,
including sealed containers in the person's possession.
It will NOT be an offence to drink alcohol in a designated public place, but
failure to comply with an officer's requirements in respect of public drinking
or surrender of alcohol, without reasonable excuse, will be an arrestable offence
What happens if a person
doesn't comply?
If someone, without a reasonable excuse, fails to
comply with the officer's request they are committing an offence
and further action can be taken:
-
a penalty
notice for disorder of £50;
-
arrest and
prosecution for a level 2 fine (max £500);
-
bail
conditions can be used to stop the individual from drinking in public.
How will the police respond to the legislation?
The police are trained in using “proportionality” in their use of
police powers. As with most
instances of anti-social behaviour that the police attended, an initial
warning is given to the offender, explaining that their behaviour is
causing concern to other members of the public and they are then requested
to stop. This often resolves
most incidents but if the offender continues to behave in such a way as to
cause harassment, alarm or distress, the police will implement the powers
available to them.
In “zero tolerance” areas, where there are signs
informing the public that consuming alcohol in public is not permitted,
the powers can be implemented immediately, as has been the case since the
first areas were introduced in 2002.
Is there any provision for chaotic
street drinkers?
The Night Shelter provides a "wet" facility of those wishing to drink
alcohol. This is available on weekdays only. Oxford City Council is currently
reviewing whether it can provide a "wet garden" in the near
future.
Will
there be an opportunity to review the Order?
A
review of the Order will be conducted after 12 months of operation.
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