What is a drink banning order?
A drink banning order is a specific order from a civil court imposed on an individual who has behaved in a disorderly manner or who has committed a criminal offence while under the influence of alcohol. They were introduced on the 31 August 2009 and are covered by the Violent Crime Reduction Act 2006 and the Violent Crime Reduction Act 2006 (Drinking Banning Orders) (Approved Courses) Regulations 2009.
A drink banning order can be put in place to prevent an individual from doing the following:
- Entering premises that sell alcohol
- Entering pubs / clubs in a specified area or vicinity
A drink banning order is a civil order meaning that it does not carry criminal penalties and will be dealt with by a civil court so will not appear on an already existing criminal record or create a new criminal record. If however, the terms are breached then that person will have committed a criminal offence.
Who can be given a drink banning order?
- Individuals over the age of 16
- Individuals who have taken part in criminal or disorderly conduct while under the influence of alcohol
Are they the same as Anti-Social Behaviour Orders?
The only really similarity between the two orders is that they are both obtained through a civil court upon application. Currently a civil court is able to impose a drink banning order on an individual when it has been applied for but as yet criminal courts do not have the power to impose one on an individual when being convicted of a criminal offence.
ASBOs can be applied to individuals in many more instances than a drink banning order. A drink banning order can only be applied against an individual for either criminal or disorderly conduct while under the influence of alcohol.
For more information on:
- How long does a drink banning order last?
- If I breach my drink banning order will I go to prison?
- Who can call for a drink banning order to be imposed?
- Government Approved Course