A drink too many

Drinking Banning Orders, to address alcohol-induced anti-social behaviour, came into force on 31 August under the Violent Crime Reduction Act 2006.

DBOs are civil orders that will impose any necessary prohibition on the individual in question, for the protection of other people from criminal or disorderly conduct by the subject while they are under the influence of alcohol.

DBOs can be made against individuals aged 16 years and over, allowing different prohibitions to exist for different lengths of time, provided each one lasts between two months and two years. Breaching a DBO will carry a fine not exceeding £2,500. There is no custodial penalty for a breach.

Police and local authorities will be able to apply to the magistrates’ or county court to impose a DBO on an individual. New civil procedure rules will govern the application process but it is anticipated that they will adopt a similar form to those applicable to county court anti-social behaviour order applications. It is important to stress that a DBO is not an ASBO .

A DBO can be varied or discharged and appeals can be made against them. The act also provides for the making of interim orders and orders on conviction.

Recipients of a DBO will have the opportunity to attend an approved course, undertaken on a voluntary basis, to address alcohol misuse behaviour.

It is expected that the courses will have similar content to those provided in rehabilitation of drink driving offenders and completing the course satisfactorily will allow the length of the ban to be reduced.

Ian Larkins is a solicitor at Weightmans. ian.larkins@weightmans.com

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