Police will also be able to confiscate alcohol and impose a fine in the event of non co-operation.

The Council's decision comes less than a month after the Council threw out a city-wide Designated Public Places Order (DPPO) in relation to the drinking of alcohol in public places. This was voted against by Liberal Democrat Councillors on the grounds that it gave police too much power to arrest law abiding citizens enjoying a social drink outside. They likened the DPPO to the "sus-laws" of the 1970s which saw police arresting innocent young black men who they thought looked suspicious. The principal difference with the new bye-law from the DPPO is that before acting a constable must have "reasonable belief" that the person is consuming alcohol in an anti-social manner. Nonetheless, any action remains up to a particular constable's discretion and the danger is that discretion can quickly turn into discrimination.

Police already have extensive powers in relation to drunkenness and anti-social behaviour; in particular police can deal with people being found drunk in any highway or public place (section 12, Licensing Act 1872), people engaging in disorderly behaviour while drunk (Section 91, Criminal Justice Act 1967 provides police with a specific power of arrest) or people using threatening, abusive or insulting words or behaviour (section 5, Public Order Act 1986). That these powers are not considered adequate for the police gives a worrying indication of the attitude of the Cambridge Council.

A further concern with the new bye-law is that "police [will] have powers of arrest if the person [does] not have a satisfactory address for service of a summons..." which reinforces the notion that homeless and other vulnerable people will suffer most under the new bye-law. The guests, staff and volunteers of Jimmy's nightshelter, which works with homeless people, sent a submission to the Council prior to last night's debate and, amongst other things, have expressed:

"a great concern that people, who have nowhere else to be during the daytime except on the streets, are being held responsible for much of the bad behaviour we have read about in the local press. This has resulted in a dangerous stereotyping of homelessness and a serious risk of resentment towards homelessness."

They go on to observe that in the eight years that Jimmy's has worked with homeless people they have found that a long term focus is required, rather than seeking quick fix solutions to perceived problems. Certainly this bye-law seems to be an attempt at finding just such a quick-fix solution.

Now that the bye-law has been approved by council, it will be submitted to the Office of the Deputy Prime Minister (OPDM) for confirmation. There will be a 28 day period during which members of the public can make representations to the OPDM at the end of which the OPDM may or may not confirm the bye-law. If confirmed the bye-law usually comes into effect 28 days later. A notice inviting submissions to the OPDM in a local newspaper. If you would like to make a submission on the subject of the bye-law then the address for the Office of the Deputy Prime Minister is:

Office of the Deputy Prime Minister
26 Whitehall
London
SW1A 2WH

Some sources:

Report to Council on the issue:
http://www.cambridge.gov.uk/councillors/agenda/2003/1119cncl_files/02.pdf
Cambridge Evening News: http://www.cambridge-news.co.uk/
Office of the Deputy Prime Minister: http://www.odpm.gov.uk/