Home Office circular 013 / 2009

Drinking Banning Orders (DBOs)

On 31st August 2009, certain sections of Part 1 of the Violent Crime Reduction Act 2006 will come into force which will implement provisions relating to Drinking Banning Orders (DBOs) in England and Wales.  In this circular, statutory references are to sections of the 2006 Act. 

1 .DBOs are civil orders that are to be available on application by a Chief Officer of a police force, the Chief Constable of the British Transport Police or a local authority (each being a “relevant authority”) (sections 3 and 4). 

2. A DBO can be made against an individual aged at least 16 if he has engaged in criminal or disorderly conduct while under the influence of alcohol and the court considers that such an order is necessary to protect other persons from further conduct by him of that kind.

3. The application may be made by a relevant authority to a magistrates’ court, or in certain cases where there are ongoing proceedings in the county court (see paragraph 5 below).

4. Under section 2(1), the prohibitions have effect for a period specified by the court of not less than two months and not more than two years.  The DBO must include such probhibitions as the court considers necessary on the subject’s entering licensed premises and premises holding a club premises certificate (section 1(3)).  Additionally, a DBO may impose other prohibitions on the subject that are necessary for the purpose of protecting other persons from criminal or disorderly conduct by the subject while he is under the influence of alcohol (section 1(2)).

5. Section 4 makes provision for a relevant authority to make an application for a DBO in the County Court, but this applies only where:

(a) the relevant authority and the individual are both parties to other proceedings in the County Court and it is reasonable for the authority to apply for a DBO in those proceedings;

(b) the individual is a party to proceedings in the County Court, the relevant authority considers it reasonable to apply for a DBO in those proceedings, and the authority applies to be joined (and is joined) as a party to those proceedings;

(c) the relevant authority is a party to proceedings in the County Court and considers that an individual who is not a party to the proceedings has engaged in criminal or disorderly conduct while under the influence of alcohol that is material to those proceedings. In such case the relevant authority may make an application for the individual to be joined as a party to the proceedings and (if the individual is joined) it  may apply for a DBO against him/her.

6. A DBO can include a provision that it will cease to have effect before the end of the specified period if an individual attends the approved course specified in the DBO (section 2(3)).  Where a court makes a decision not to specify an approved course, the reasons for the decision must be given in open court (section 2(8)).  The court may only specify an approved course if;

• the court making the order is satisfied that a place on an approved course will be available for the subject
• the subject of a DBO has agreed to the inclusion of the provision in the order. (section 2(6))

Successful completion of the approved course by the subject of a DBO can result in the length of the DBO being reduced in length by up to half (section 2(5))

7. Section 5 makes provision for either the subject of a DBO or the relevant authority to apply to the court which made the order for it to to be varied or discharged.

8. Sections 6, 7 and 8 relate to DBOs that are made on conviction in criminal proceedings, but these sections have not been commenced.  DBOs on conviction are therefore not available.

9. Section 9 makes provision in relation to the making of interim DBOs, where an application for a DBO (the main order) has not yet been determined.

10. Section 10 gives the right of appeal to a subject against the making of a DBO to the Crown Court.  On such appeal, the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.  For the purposes or any subsequent application for variation or discharge, an order made on appeal is to be treated as if made by the magistrates’ court.

11.  Section 11 provides that it is an offence to do, without reasonable excuse, anything that the subject is prohibited from doing by a DBO or an interim DBO.  The penalty on summary conviction is a fine not exceeding level 4 on the standard scale.

12. Section 12 sets out the process by which the Secretary of State will approve providers of the approved courses for DBOs.  Regulations have been made under this section which sets out the process for approving the course providers.  These regulations are 'The Violent Crime Reduction Act 2006 (Drinking Banning Orders) (Approved Courses) Regulations 2009'.

13. Section 13 sets out the requirements for a provider of approved courses. Providers must provide a certificate of completion to each subject who has successfully completed an approved course.  A certificate must be given unless the subject has:

• failed to make due payment of fees for the course
• failed to attend the course
• failed to comply with any other reasonable requirement of the course provider.

The providers of the approved courses are also required to provide a written notice of a decision not to give the subject of a DBO a certificate.

Section 13 also provides for a subject who receives a notice of non-completion or who has not received a certificate from the approved course provider to apply to the court for a declaration that there has been a  contravention of the duty to provide a certificate. If the court grants the application, the subject of a DBO will be treated as having satisfactorily completed the course at the time the declaration was made.

14. Section 14 is the interpretation section for Chapter 1 of Part 1 of the Act.

15. The Home Office is producing guidance (new window) in relation to DBOs and this will be published on the Crime Reduction website in advance of DBOs coming into force.

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