Vale of White Horse District Council
Abbey House, Abbey Close,
Abingdon, OX14 3JE
Email: comments@whitehorsedc.gov.uk
Telephone: 01235 520202

Vale of White Horse District Council

Abingdon Designated Public Places Order (DPPO)

The Abingdon Designated Public Places Order (DPPO), which was introduced by the Council on 20 May 2009, aims to help police tackle alcohol-related anti-social behaviour in the town.

The order means that a police officer, police community support officer or special constable has the power to ask someone to hand over their alcohol, including any unopened containers, if they are behaving anti-socially or are likely to do so. Anti-social behaviour can include violence, criminal damage and disorderly conduct. If the person refuses to give up their alcohol they could be arrested and fined up to £500.

A copy of the order can be downloaded from the right of the page. For more information about the DPPO please download the leaflet from the right of the page or see the following questions and answers:

• What is a DPPO?
• What does the introduction of the DPPO actually mean?
• Is it a ban on drinking alcohol?
• What are the offences relating to a DPPO?
• What will an enforcement officer do?
• Why have a Designated Public Places Order in Abingdon?
• Does the Designated Public Places Order affect licensed premises?
• Who can enforce the DPPO order in Abingdon?
• How would drinkers be affected?
• What area is covered by the proposed DPPO area?
• Who can make a Designated Public Place Order (DPPO)?
• Where can I find more details about this law?

What is a DPPO? Designated public places orders (DPPOs) help local authorities to deal with the problems of alcohol related anti-social behaviour in public places. This order is not a total ban on drinking alcohol in public places. It just makes it an offence to carry on drinking alcohol when asked to stop by a constable or authorised officer. This allows them to deal with people who are behaving antisocially as a result of drinking alcohol.

What does the introduction of the DPPO actually mean? An enforcement officer will have the power to ask a person to stop drinking alcohol in a public place if in his/her opinion:

• They are creating disorder or behaving in an anti-social manner when drinking or under the influence of alcohol
• They are likely to behave in an anti-social or disorderly way when drinking or under the influence of alcohol

Is it a ban on drinking alcohol? No. A drinker's behaviour will be the consideration in any action by enforcement officers. It is not intended to stop an individual drinking sensibly. For example, if a person is drinking alcohol sensibly, for instance in a park with a picnic or outside a licensed premises, they will not be affected.

What are the offences relating to a DPPO? It is not an offence to consume alcohol within a designated area, but failure to comply with an enforcement officer’s requests to stop drinking and surrender alcohol without reasonable excuse is. Penalties include:

• A penalty notice for disorder of £50
• Arrest and prosecution for a level 2 fine (max £500)
• Bail conditions can stop the individual from drinking in public

What will an enforcement officer do? The action the enforcement officer takes will depend on a person’s response to his/her request, for example:

• If a person refuses to stop drinking alcohol when asked? Their alcohol may be taken away and disposed of by the enforcement officer.
• If a person gives up their alcohol when asked to,and does not continue to behave in an anti-social manner?  No further action will be taken.
• If a person does not hand over their alcohol when asked to? They may be arrested and have to pay a maximum fine of up to £500. 
• If a person hands over their alcohol but continues to behave in an anti-social manner? They may be arrested and convicted of a public order offence.

Why have a Designated Public Places Order in Abingdon? There are a number of important reasons why this decision was made:

• To give enforcement officers the power to target all areas of Abingdon where there is repeat and persistent nuisance that is clearly linked to the drinking of alcohol in public
• To cut down alcohol related disturbances in public as they arise and before they escalate
• To cut down on alcohol related anti-social behaviour in public places
• To send a clear and consistent message that anti-social drinking is not acceptable and will not be tolerated in Abingdon's public places
• To prevent the displacement of the problem of alcohol related anti-social behaviour in public places from one area to another
• To help make Abingdon a place where residents, workers and visitors feel safe
• To meet the concerns of the local community.

Does the Designated Public Places Order affect licensed premises? The DPPO will not stop the consumption of alcohol in any area licensed for the sale and supply of alcohol during normal licensing hours. But, if public areas are not included in the premises licence (such as the pavement outside a pub), the order will apply.

Who can enforce the DPPO order in Abingdon? The following people can enforce the DPPO:

• Police Officers (including a Special Constable)
• Police Community Support Officers (PCSOs)

How would drinkers be affected? New laws must consider the implications for human rights. These powers are considered reasonable because they are intended only for use against people who are causing a nuisance to others in a public place. People who are dependent on alcohol can continue to drink in private where they are not affecting others, and may be referred to organisations able to help or treat their dependency.

What area is covered by the proposed DPPO area? The proposed area includes the whole of Abingdon town. The order covers the whole town to make it easy for people to understand whether a place is within the area and so that it can be effectively enforced. In addition, by covering the whole town the order will also prevent the displacement of problems to other areas. You can view the map of the DPPO area by visiting the council offices at Abbey House Abingdon. 

Who can make a Designated Public Place Order (DPPO)? Designated public place orders are made by local authorities using powers under section 13 of The Criminal Justice and Police Act 2001 as amended by section 26 of the Violent Crime Reduction Act 2006 and the “The Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2007”. The powers make it easier for local authorities to designate places where restrictions on public drinking will apply.  A local authority can make a DPPO in a public place where either:

• Nuisance or annoyance to members of the public or a section of the public
• Disorder

has been associated with consuming alcohol in that place

Where can I find more details about this law? If you want more details about the legislation, links to the full text of the relevant Act can be found on the Home Office website. Section 155 of the Licensing Act 2003 amends the Confiscation of Alcohol (Young Persons) Act 1997. It removes the reference to “Other than in a sealed container” and allows alcohol in a sealed container to be confiscated “providing that the officer reasonably believes that the person is, or has been consuming, or intends to consume alcohol”.Section 155 also provides the police with the power to confiscate alcohol in both sealed and opened containers from adults when exercising the powers to restrict anti-social public drinking provided by section 12 of the Criminal Justice and Police Act 2001 in public places that have been designated by the relevant local authority under section 13 of the Act.  (See Home Office Circular 45/2003)

For further information please contact the Community Safety Team on 01235 520202.