Commentary on Sections Part 1: Alcohol-related violence and disorder Chapter 1: Drinking banning orders Section 1: Drinking banning orders
72.This section provides for a new civil order, a drinking banning order (DBO), which is designed to protect persons and their property from criminal or disorderly conduct by an individual while he is under the influence of alcohol.
73.Subsection (1) explains that a DBO would prohibit the individual subject to the order from doing the things described in the order. Subsection (2) explains that a DBO may impose any prohibition on the individual that would protect others from his criminal or disorderly conduct while under the influence of alcohol. Subsection (3) provides that the prohibitions in the order must include whatever the court thinks necessary with regard to the subject’s entering premises that sell alcohol, and club premises that can supply alcohol to members or guests.
74.Subsection (4) contains safeguards to ensure that the court may not impose a prohibition on the subject that prevents him from having access to a place where he lives, works or studies, or receives medical treatment, or any place he is required to attend as a result of a court order or an enactment.
75.Subsection (5) sets out that expressions used in subsection (3) have the same meaning as in the Licensing Act 2003.