Council says: “There is problematic consumption of alcohol in designated public places within our district”
Belfast Council says it would opt in to new proposed public drinking laws which means its officials would have the power to take “surrendered” alcoholic drinks from people in designated public settings in the city.
This could potentially mean that police for example in public parks could require those consuming alcohol, against public drinking regulations in that area, to give up their booze to park wardens. Council officers would not have the powers themselves to make anyone surrender their alcohol or seize alcohol, but they would be able to ask members of the public to surrender alcohol in designated areas, and police could then could have the powers to require this.
Councillors this week backed a recommendation by officials to “opt in” to proposed changes by the Stormont Department for Communities, which will see new powers for police and councils when it comes to drinking alcohol in public. They also backed a call for fixed penalty notice payments connected with the new powers to go straight to the councils, as opposed to the Clerk of the Petty Sessions, as suggested in the draft amendments.
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DfC is proposing that articles of the Criminal Justice (Northern Ireland) Order 2008 should be amended, after discussion with the Department of Justice.
It proposes to provide a specific power to police officers allowing the seizure and disposal of open and closed containers of alcoholic drinks in designated areas and in certain public order situations.
It further proposes to extend powers for police officers requiring individuals to stop drinking alcohol in a designated area to surrender any alcoholic drinks in their possession to council officers. Anyone refusing will be committing an offence and may be issued with a fixed penalty notice.
Each of Northern Ireland’s councils will not be obliged to avail of the new power, but will be provided with the option to “opt in.”
The Belfast Council report for it People and Communities Committee states: “In late 2023 the Department for Communities and Department of Justice undertook a joint public consultation on potential amendments to the legislative framework and powers to deal with anti-social behaviour, including drinking-in-public. Belfast City Council did not provide a response to this consultation.”
It adds: “In April 2025 DfC published a summary of responses, which clearly indicated that the current legislative framework to tackle drinking-in-public and associated ASB needs to be updated to ensure it is fit for purpose, with an overwhelming majority of respondents agreeing that an explicit power to seize and dispose of alcohol should be available in certain circumstances.”
It states: “Following the consultation period, DfC sought the council’s view on the proposed commencement of Articles 68-72 of the 2008 Order, with the following amendments: to provide a specific power to police officers allowing the seizure and disposal of open and closed containers of alcoholic drinks in designated areas and in certain public order situations. It is not proposed that council officers would be provided with this power.
“The second amendment is to extend the powers conferred on police officers requiring individuals to stop drinking alcohol in a designated area, and surrender any alcoholic drinks in their possession, to council officers. Anyone refusing will be committing an offence and may be issued with a fixed penalty notice. However, it should be noted that this will be a power which councils may use, and each council district will be provided with the option to “opt in”.”
Belfast Council responded to the Stormont proposal this month in a letter stating: “Belfast City Council agrees with the general position stated in other council responses to the joint Department for Communities / Department of Justice consultation on potential amendments to the legislative framework and powers to deal with anti-social behaviour undertaken earlier this year. We are of the opinion that the legislative framework should be up to date and fit for purpose to address current issues around drinking alcohol in public.
“We are also of the opinion that additional legislative powers provided to constables to seize and dispose of alcoholic drinks would be beneficial, given that there is problematic consumption of alcohol in designated public places within our district.
“Furthermore, we are supportive of the “opt in” power for councils to require individuals to stop drinking alcohol in a designated area and surrender any alcoholic drinks in their possession to a council officer. From an enforcement perspective any additional powers for council officers are welcomed given the somewhat cumbersome procedure currently in place, whereby council summonses are usually grounded on a statement from a PSNI officer, who may then be required to attend court on behalf of the council to prove a case.
“It would streamline matters if the council could “opt-in” and pursue enforcement without relying on the assistance of the PSNI in cases where that is appropriate.”
It adds: “It would also be beneficial to have confirmation that the powers regarding fixed penalty notices contained would also extend to the council, and how it is proposed that would work. The prospective clauses dictate that fixed penalty notices should be paid to the Clerk of the Petty Sessions whereas normally FPNs issued by the council are also discharged to the council, so there may be procedural and administrative issues to be addressed around the issuing and discharging of FPNs.”
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