Violent Crime Reduction Act 2006

Valid from 31/08/2009

1 Drinking banning orders E+W

(1) A drinking banning order is an order that prohibits the individual against whom it is made (“the subject”) from doing the things described in the order.

(2) Such an order may impose any prohibition on the subject which is necessary for the purpose of protecting other persons from criminal or disorderly conduct by the subject while he is under the influence of alcohol.

(3) The prohibitions imposed by such an order must include such prohibition as the court making it considers necessary, for that purpose, on the subject's entering—

(a) premises in respect of which there is a premises licence authorising the use of the premises for the sale of alcohol by retail; and

(b) premises in respect of which there is a club premises certificate authorising the use of the premises for the supply of alcohol to members or guests.

(4) A drinking banning order may not impose a prohibition on the subject that prevents him—

(a) from having access to a place where he resides;

(b) from attending at any place which he is required to attend for the purposes of any employment of his or of any contract of services to which he is a party;

(c) from attending at any place which he is expected to attend during the period for which the order has effect for the purposes of education or training or for the purpose of receiving medical treatment; or

(d) from attending at any place which he is required to attend by any obligation imposed on him by or under an enactment or by the order of a court or tribunal.

(5) Expressions used in subsection (3) and in the Licensing Act 2003 (c. 17) or in a Part of that Act have the same meanings in that subsection as in that Act or Part.