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Designated Public Place Orders
In some areas, bye-laws restricting drinking in public places have enabled prosecution of an individual for contravening the bye-law. However, existing bye-laws will cease to have effect on 31 August 2006 and will be replaced by Designated Public Places Orders (DPPO).
DPPOs are orders made by local authorities under powers given to them under section 13 of the Criminal Justice and Police Act 2001. These powers make it easier for local authorities to designate places where restrictions on public drinking will apply and are available in areas that have experienced alcohol-related disorder or nuisance.
While it is not an offence to consume alcohol within a 'designated' area, the police and police community support officers have powers to control the consumption of alcohol within that place. If they believe someone is consuming alcohol or intends to consume alcohol they can require them to stop; and confiscate the alcohol from people whether the drinking vessel is unopened or not.
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.
There are currently three orders in Elmbridge:
Dispersal Orders
People have a right to feel safe in their communities. It is unacceptable for people to be afraid to use public spaces because they feel threatened by groups of people hanging around.
Part 4 (sections 30-36) of the Anti-social Behaviour Act 2003 gives the police, working with local authorities, new powers to target action in problem areas to help communities remove intimidation and anti-social behaviour from their streets. The powers enable a senior police officer to designate an area where there is persistent anti-social behaviour and a problem with groups causing intimidation. The local authority must also agree to the designation.
The decision to designate an area must be published in a local newspaper or by notices in the local area. The designation can then last for up to six months and can be renewed if necessary. The designated area must be clearly defined, usually by a description of the streets or roads bordering the area.
Within designated areas the police and police community support officers have the power to disperse groups where the relevant officer has reasonable grounds for believing that their presence or behaviour has resulted, or is likely to result, in a member of the public from being harassed intimidated, alarmed or distressed. Individuals can be directed to leave the locality and may be excluded from the area for up to 24 hours.