Designated Public Places Order 2010
Under the Criminal Justice and Police Act
2001, local authorities can designate public places to be covered
by Alcohol Designation Orders where they believe nuisance or
disorder has been associated with the consumption of alcohol.
The Council agreed to make a new Order, adding
5 new areas which came into effect on Monday 8 March
2010.
The effect of the Order
Section 12 of the Criminal Justice and
Police Act 2001 provides the police with powers to deal with
anti-social drinking in areas that have been designated for this
purpose by the relevant authority under section 13 of the Act. The
police (and other accredited persons under sections 41 and 42 and
schedule 5 to the Police Reform Act) have the power to require a
person in a DPPO area not to drink alcohol in that area where an
officer reasonably believes that the person has, or intends to do
so. In addition, an officer has the power to ask that person to
surrender the alcohol and any opened or sealed containers in their
possession.
It is not an offence to drink alcohol in a
designated public place, but failure to comply with an officer’s
requirements in respect of public drinking or the surrender of
alcohol without reasonable excuse is an arrestable
offence.
Penalties for this offence include:
- Penalty Notice for Disorder (PND) £50; or
- Arrest and prosecution for a level 2 fine, maximum of £500
Bail conditions can be used to stop the
individual from drinking in the public place pending prosecution
for the offence.
The areas covered by the new Order
are:
Kendal
Sandylands
Multi Use Games Area and environs
to include the playing field and play area to the road boundaries
of Sandylands Road, Jenkin Rise and Kentmere Brow
Kirkbarrow
Multi Use Games Area and
environs to include the playing field and play area to the road
boundaries of Glebe Road and Brockbeck
Castle
Drive
Play area and environs to include the seating
area, football pitches and car park, from Castle Drive to Kendal
Castle boundary
Ulverston
Honeypot
Multi Use Games
Area and environs to include the playing field located between the
Ellers allotments and Rascals Nursery to Lund Terrace
Croftlands
Designated
recreation area, to include the Multi Use Games Area, football
pitch and play area to the road boundaries of Central Drive and
Rowan Avenue
2010 Alcohol Designation Order
Kendal map showing new
areas covered
Ulverston map showing
new areas covered