More than 700 “controlled drinking zones” have been set up across England, giving police sweeping powers to confiscate beer and wine from anyone enjoying a quiet outdoor tipple.
Local authorities are introducing the zones at a rate of 100 a year, The Times has learnt. Some cover whole cities, a radical departure from what the law intended.
Once a control zone is in place, police can seize alcohol from anyone who is not on licensed premises, even if the bottles or cans are unopened. Although drinking is not banned in the zones, police can ask anyone to stop drinking and it is an offence to refuse, punishable by a maximum £500 fine. No explanation or suspicion that the person could be a public nuisance is required. The highest fine will soon rise to £2,500.
Campaigners say that if the rapid spread of the zones is not halted it will soon be impossible to find anywhere to have a picnic or outdoor drink on a summer’s evening.
Laws giving local authorities the power to set up the zones, or “designated public place orders”, were introduced in 2001 at the height of government concern over public drunkenness. The law made clear that the zones should cover only streets or city centre areas with a record of alcohol-related disorder or nuisance.
There are now 712 zones, some covering vast areas where there is no record of disorder. There are city-wide bans in Coventry and Brighton, which cover even the quietest suburban streets. Birmingham tried to introduce a city-wide ban but had to back down in the face of public opposition. Instead it is introducing the drinking zones gradually across the city.
Camden in North London has a borough-wide ban, apart from Hampstead Heath, Regent’s Park and Primrose Hill. The Times has learnt that Lambeth in South London is planning to make the whole borough a controlled zone, with no exemptions, even in Brockwell Park, a local beauty spot that is popular with picnickers.
Research on the zones has been conducted by The Manifesto Club, a campaign group that challenges what it sees as excessive regulation.
It found that police are routinely ignoring Home Office guidelines and confiscating bottles of wine and beer from peaceful picnickers and other adults having a quiet drink outdoors. In some cases, drinks have allegedly been seized by police from adults who have just bought them from an off licence and are on their way home.
Police in Driffield, East Yorkshire (population 11,000), have confiscated alcohol from 117 people, the research found. Warwickshire police confiscated 150 cans and bottles of alcohol in two evenings during the annual Mop Fair in Stratford-upon-Avon last October, yet there was only one arrest for drunk and disorderly behaviour.
Police in Brighton and Hove appear to be the most energetic in the country. Their 45 community support officers are making 25 confiscations a week. The Manifesto Club was inundated with claims of over-zealous enforcement, such as two young women forced to pour away glasses of wine that they were drinking on the beach, and three men having cans of lager confiscated as they stood on the promenade. Researchers observed drinks being confiscated from people having a quiet drink while admiring the plants in the Pavilion Gardens.
The Manifesto Club estimates that, on current trends, 20,000 bottles or cans of alcohol will be confiscated over the summer months.
The Home Office acknowledged that there was a problem with the law, and pointed to revised guidelines issued to police and local authorities in December last year to try to curb over-zealous policing.
“The law is clear that these powers should only be used to address nuisance associated with drinking alcohol in a public place, not to disrupt peaceful activities such as family picnics or to challenge people consuming alcohol who are not causing a problem. We expect local police forces to use common sense in the application of these powers,” a Home Office spokesman said.
He said that the zones were never intended to cover entire boroughs.
To protest at what it considers an excessive approach, the Manifesto Club is hosting a picnic on Brighton beach with alcoholic drinks on Saturday.
Josie Appleton, author of the report, said that she hoped it would result in a more proportionate response towards drinking outdoors.
“These measures were designed to tackle serious public drunkenness and disorder, yet they are being used against people doing absolutely nothing wrong,” she said.
‘I had to pour beer down drain’
Dan Travis was leaving an off-licence in Brighton at 7pm with two cans of Kronenberg in his hand when two community support officers asked him to stop (Rosemary Bennett writes).
“They asked me if I knew about alcohol restriction zones and I said I didn’t,” said Mr Travis, a tennis coach. “They said, ‘We have to stop people who we think are drinking, not just drunk’. I pointed out that the cans were not even open, and they said that didn’t matter because they thought I was going to drink them in a public place. They asked me to pour it down the drain.”
Mr Travis, 37, who was stopped last summer, said he was particularly angered because he could not remember any consultation on the proposed restrictions. “I think they would not have got it through if there had been a meaningful consultation. Apparently, they held a few meetings. Of course, it is a good idea to get drunks off the street, but I know of families having picnics in Pavilion Gardens who have been ordered to stop drinking wine. That’s just ridiculous.”
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