Clause 14 - Alcohol consumption in designated public places

Part of Criminal Justice and Police Bill – in a Public Bill Committee at 4:00 pm on 15 February 2001.

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Photo of Charles Clarke Charles Clarke Minister of State, Home Office 4:00, 15 February 2001

Many issues have been discussed, and I will go so far as to acknowledge to the hon. Member for Surrey Heath that a significant number of contributions have been constructive in tone and have illuminated the debate. That is not true of all the contributions, but I acknowledge that this has in general been an interesting debate. In trying to disentangle the various points, I may stray for a second, Mr. Gale, and say a word or two about clause 14 to set the context of this complicated group of amendments, but I will not repeat them under clause stand part.

The clause makes it an arrestable offence for a person to consume intoxicating liquor without reasonable excuse in a designated public place after being required by a police officer not to do so. I emphasise the words ``after being required by a police officer not to do so.'' Subsection (4) states:

``A person who fails without reasonable excuse to comply with a requirement imposed on him under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 2''.

Not acceding to the police officer's requirement is the offence, rather than simply drinking in a designated public place, which is not a trivial distinction. The picnicking point is correct. A person's not acceding to the request of a police officer who shows up and says ``Look, you mustn't drink here'' creates the offence, not his or her drinking in a designated public place, wherever it may be.

The clause will also give the police the power to confiscate and dispose of alcohol and opened alcohol containers in those circumstances to prevent further public drinking and the potential use of those containers as weapons, to which the hon. Member for Surrey Heath referred. Failure to surrender alcohol or containers at the officer's request without reasonable excuse will be an arrestable offence. The clause will apply only to those areas designated by the relevant local authority for the purpose. As you said, Mr. Gale, we shall deal with that under clause 15.

Evidence of the mischief that this and subsequent clauses are designed to address is provided by the fact that 109 local authorities have so far adopted a model byelaw to restrict drinking in designated public places. That information may be new to the Committee and shows that there is wide support in various parts of the country.