Home Office publishes guidance on use of drinking banning orders

The Home Office has published guidance for the police, local authorities and the courts on drinking banning orders (DBOs).

DBOs, which were introduced under the Violent Crime Reduction Act 2006, are civil orders similar to anti-social behaviour orders that can made against individuals aged 16 or over if they have engaged in criminal or disorderly conduct while under the influence of alcohol.

The ministerial foreword to the guidance says that the orders, which can last for between two months and two years, “may impose any prohibition on the individual that the court considers necessary to protect others from further crime or disorderly conduct by that individual while under the influence of alcohol. This must include banning them from entering the pubs and clubs in their local area if such a prohibition is considered necessary by the court.”

The guidance, which was issued earlier this month, says: “Alcohol misuse, and particularly that associated with anti-social and disorderly behaviour is a significant concern for many people in our communities…..and a strong contributory factor associated with a wide range of crimes or disorderly behaviour.”

Local authorities and the police can apply for DBOs, which are seen as particularly appropriate where other early intervention approaches have not worked. The orders are not relevant to cases of criminal or disorderly behaviour which is not alcohol related – in those instances an ASBO would be more appropriate.

The guidance, which can be downloaded here, sets out:

• Basic information on what DBOs are and when they are and are not appropriate
• How councils and the police can seek an order, whether in the magistrates’ courts or the county courts
• What happens after the order is made, and
• Information on approved courses, which are similar to the Drink Drive Rehabilitation Scheme and can – if the recipient attends them – lead to a reduction in the duration of a DBO.

Last week a Bromsgrove woman became the first person in the country to be issued with a drinking banning order banning her from licensed premises and off-licences across England and Wales.