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Drinking Banning Orders (DBOs)
Sections 1 - 14 Violent Crime Reduction Act 2006

Published: 26 August 2009

Principle

A drinking banning order (DBO) is a civil order which is used to address an individual's alcohol misuse behaviour and protect others and their property from such behaviour by imposing 'any prohibition...which is necessary for the purpose of protecting other persons from criminal or disorderly conduct by the subject while he is under the influence of alcohol' (s1 Violent Crime Reduction Act 2006 [VCRA 2006]).

DBOs are currently only available as a civil order and are similar in their working to Anti-social Behaviour Orders. They are available on application to the courts by the relevant authorities (namely the police and local authorities.)

DBOs on application will be in force from 31 August 2009.

There is presently no power for the CPS to apply for a DBO.

Sections 6 to 8 of the VCRA 2006 make provision for DBOs to be made on conviction when a person is convicted of an offence which is committed while under the influence of alcohol. A decision regarding the commencement of these provisions will be made after the Home Office has monitored the effectiveness of DBOs on application.

Further guidance can be found on the Home Office website http://www.crime reduction.homeoffice.gov.uk/dbo001.htm and in the Home Office Circular 013/2009 Drinking Banning Orders (DBOs).

Breach of the terms of a DBO, or failure to comply with an interim DBO, constitutes a criminal offence. The CPS will prosecute offences of breach of a DBO or an interim DBO and will apply the Code for Crown Prosecutors.

Guidance

What is a DBO?

Section 1(1) A drinking banning order is an order that prohibits the individual against whom it is made ('the subject') from doing the things described in the order.

Section 1(2) Such an order may impose any prohibition on the subject which is necessary for the purpose of protecting other persons from criminal or disorderly conduct by the subject while he is under the influence of alcohol. This could mean restrictions on individuals from entering particular streets or areas. Prohibitions may be limited to certain times only.

Section 1(3) The prohibitions imposed by such an order must include such prohibitions as the court considers necessary, for that purpose, on the subject's entering:

  • premises in respect of which there is a premises licence authorising the use of the premises for the sale of alcohol by retail; and
  • premises in respect of which there is a club premises certificate authorising the use of the premises for the supply of alcohol to members or guests.

Section 1(4) A drinking banning order may not impose a prohibition on the subject that prevents him:

  • from having access to a place where he resides;
  • from attending at any place which he is required to attend for the purposes of any employment of his or of any contract of services to which he is a party;
  • from attending at any place which he is expected to attend during the period for which the order has effect for the purposes of education or training or for the purpose of receiving medical treatment; or
  • from attending at any place which he is required to attend by any obligation imposed on him by or under an enactment or by the order of a court or tribunal.

Who can apply for a DBO?

The chief officer of police of a police force for a police area; the Chief Constable of the British Transport Police Force or a local authority can make an application for a DBO section 3(1)

What are the criteria for applying for a DBO?

A chief officer/local authority can apply for a DBO if s/he believes that the following conditions have been met:

  • that the individual is aged 16 or over section 3(1) and;
  • that the individual has, after the commencement of this section, engaged in criminal or disorderly conduct while under the influence of alcohol; and that such an order is necessary to protect other persons from further conduct by him of that kind while he is under the influence of alcohol section 3(2).

What must the court be satisfied of to make a DBO?

The court may make a DBO on application if satisfied that:

  • the individual has, after the commencement of this section, engaged in criminal or disorderly conduct while under the influence of alcohol; and that such an order is necessary to protect other persons from further conduct by him of that kind while he is under the influence of alcohol, and
  • his criminal or disorderly conduct while under the influence of alcohol is material in relation to the proceedings - section 4(7).

Duration of drinking banning orders

A drinking banning order has effect for a period specified in the order ('the specified period'), which must be not less than two months and not more than two years - section 2(1).

A drinking banning order may include provision for the order, or a prohibition contained in it, to cease to have effect before the end of the specified period or the prohibition period if the subject satisfactorily completes the approved course specified in the order - section 2(3).

Variation or discharge of orders

An application may be made to the court which made the order for it to be varied or discharged by a further order by either the subject or the relevant authority on whose application the order was made - section 5(2).

Offences - Breach of a DBO

A person commits an offence if, without reasonable excuse, s/he does , anything that s/he is prohibited from doing by the order - section 11(1).

The offence is summary only and is punishable on conviction by a fine not exceeding level 4 section 11(2).

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Procedure

The role of the prosecutor

Although the prosecutor plays no direct role in the application for a DBO, prosecutors should be aware of the provisions relating to the obtaining of DBOs.

It is the responsibility of the CPS to prosecute the offence of breach of a DBO, pursuant to s11(3) of the Act.

When making the decision to prosecute, prosecutors should apply the Code for Crown Prosecutors.

In applying the Full Code Test, prosecutors will have regard to whether the prohibitions within the DBO were realistic, practical, concise and easy to understand.

Paragraph 5.9n specifies as a common public interest factor in favour of prosecution the fact that the defendant is alleged to have committed the offence while under an order of the court.

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