Posted: Wednesday, 20 April 2011 @ 15:25
Last week I blogged about consuming alcohol in pub gardens and similar areas. But how does a Designated Public Places Order (DPPO) affect such areas?
Many local authorities have made DPPOs to combat the problems that can be caused by drinking alcohol in public. The DPPO will set out the specific geographic area it applies to. But what does a DPPO do?
It is a common mistake to think that a DPPO amounts to a total ban on drinking alcohol in public places. It is not. The drinking of alcohol is permissible. It only becomes an offence if someone in a public place within the DPPO continues to drink alcohol when asked to stop by a police officer or other authorised officer, or fails to hand over to them on request any alcohol they have in their possession, whether opened or not.
However, the premises themselves and their grounds, which are licensed by a Premises Licence to sell alcohol or subject to a Temporary Event Notice authorising the sale of alcohol, are a special case as far as the DPPO is concerned. Although they come within the definition of public place contained in the relevant Act, they are exempt i.e not a public place, at times when they are being used for the sale or supply of alcohol, and at times within 30 minutes after the end of time permitted for sale.
But note that at other times the premises themselves be it pub, hotel, restaurant, bar, night club (but not a private members' club), are public places and the powers apply.
Licensing Law Specialist
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Blog by Nigel Musgrove
Nigel has been providing dispute resolution advice as a solicitor for over 35 years. As well as advising SMEs and business owners on disputes he also offers a specialist licensing law service. View profile
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