A notice of motion will see Newry, Mourne and Down District Council asked to back proposed changes to public drinking laws which would grant officials the authority to request the surrender of alcoholic beverages in designated public areas.
Several Northern Ireland councils have already indicated their support for changes which are aimed at helping to address anti-social behaviour.
Justice Minister Naomi Long, responding to a question in the Assembly in May, said: “There is legislation that contains powers around drinking in public, so it is not the case that people can do nothing. However, there is a question mark over whether alcohol can be seized, and it is the power of seizure that most people focus on.
“There are public by-laws and broader pieces of public order legislation that allow councils to prohibit drinking in designated places. Consuming alcohol in those areas is an offence. Police can take the offenders’ names and addresses, and the prosecutions can be taken forward by councils. They can also address alcohol-related public disorder via penalty notices for disorder, as provided for by the Justice Act (Northern Ireland) 2011.
“In addition, the Confiscation of Alcohol (Young Persons) Act 1997 gives the police the power to require those under 18 to surrender any alcohol in public, with refusal to do so constituting an offence. There are, therefore, some powers.
“The issue is the seizure of alcohol from adults. That is something that we want to see introduced, but it will require additional policy work. It is not a piece of work for just my Department. We are working in collaboration with the Department for Communities and other statutory partners to ensure that we are able to introduce such powers appropriately.”
According to the Institute of Licensing, the proposed legislative changes follow a public consultation held in late 2023, which revealed “widespread support for updating the framework governing drinking and public”.
It reported that a “majority of respondents” agreed that police should have explicit powers to seize and dispose of alcohol in certain circumstances – and that councils should be allowed to participate in enforcement through an ‘opt in’ mechanism.
Now Newry, Mourne and Down District Council is being asked to support that ‘opt in’ opportunity.
Alliance Councillor Jill Truesdale has tabled a notice of motion which she hopes will gain cross-party support.
Councillor Truesdale is asking that the council “supports proposed changes to public drinking laws that would grant officials the authority to request the surrender of alcoholic beverages in designated public areas”.
Her motion adds: “This forms part of a broader initiative led by the Stormant Department for Communities, and the Department of Justice, to modernise legislation addressing anti-social behaviour and alcohol consumption in public spaces.
“Under the proposed amendments to the Criminal Justice (Northern Ireland) Order 2008, council officers would be empowered to ask individuals to voluntarily surrender alcoholic drinks in areas where public drinking is restricted.
“While council staff would not have the power to forcibly confiscate alcohol, police officers would retain the authority to enforce surrender and issue fixed penalty notices to those who refuse to comply.”
The motion is now scheduled to be debated next Monday, September 7.
