First 'Drinking Banning Order' made

The Government implemented Drinking Banning Orders (DBOs) ‘on application’ on 31st August 2009. Those available ‘on conviction’ came into effect 1 April 2010.

The Morning Advertiser reports that a West Midlands woman is believed to be the first to get a nation-wide pub ban by way of a DBO under the September powers. The Order bans her from drinking or buying alcohol in pubs and nightclubs, or from purchasing alcohol in shops and off licences, across England and Wales for two years.  The order could be lifted after one year if she completes a course, which is compulsory, to tackle her alcohol misuse.

Police apparently applied for the DBO after the individual was alleged to have been involved in "numerous" alcohol-related public order offences in and around the Bromsgrove area. She was already banned under the local pubwatch and BAND (Bromsgrove Against Night-time Disorder) schemes.

Offenders who breach a DBO will be liable to a fine not exceeding level 4 (£2,500); there would appear to be no penalty on any licensee who inadvertently serves someone in breach of a Banning Order.  However the Home Office Guidance suggests that:

Licensees should be encouraged to play their part in upholding DBOs as it is in their interest to do so. They should be made aware of their responsibilities and informed that if they are aware that an individual is the subject of a DBO that prevents the individual from entering their premises, then they should not allow them to enter, or if they have already entered, they should not serve that individual and should contact the police.

Further information on DBOs can be found at: http://www.crimereduction.homeoffice.gov.uk/dbo001.htm.

John  Gaunt

John Gaunt & Partners – www.john-gaunt.co.uk

Sheffield Solicitors Leeds Solicitors