ANNEX B: Summary of Powers to Tackle Anti-Social Behaviour to Be Replaced by the Provisions in Parts 1 to 4 of the Act The drinking banning order
Drinking Banning Orders (“DBOs”) are used to tackle alcohol-related criminal or disorderly behaviour and were established by Chapter 1 of Part 1 of the Violent Crime Reduction Act 2006.
The Drinking Banning Order is a civil order attached to a criminal conviction in the Crown Court, magistrates’ court or Youth Court. It is considered automatically alongside a conviction for alcohol-related crime or disorder. They can be made either on application to the courts by the police or local authority.
The test for granting a DBO is that the order is necessary to protect others from criminal or disorderly conduct. There is no requirement to prove past anti-social behaviour.
DBOs can be made against an individual aged 16 years and over. They can be granted for a minimum term of six months and a maximum of two years. Breach of a DBO without reasonable excuse is an offence punishable by a fine of up to £2,500.
As with the ASBO, there are two different types of DBO – a DBO on conviction and a DBO on application. The DBO on conviction will be replaced by the criminal behaviour order, whilst the DBO on application will be replaced by the injunction to prevent nuisance and annoyance.