Street Drinking: Myths vs Facts - local experts set the record straight

Street drinking is a topic that sparks strong opinions - but also plenty of confusion. To help clarify what the law actually says, Neighbourhood Policing Sergeant Callum Corder and Councillor Anthony Casson, Portfolio Holder for Public Protection at South Holland District Council, have joined forces to tackle the myths and explain how Public Spaces Protection Orders (PSPOs) really work.

Myth 1: “People drinking in public should just be arrested.”

The facts

Myth 2: “PSPOs ban drinking outright.”

The facts

PSPOs do not create a blanket ban on drinking. They simply give police and council officers the power to intervene when alcohol is being consumed within a designated PSPO area.

Why the confusion?

Many people assume there’s a total ban on drinking in public, but both the police and council emphasise the same point: PSPOs target behaviour, not alcohol itself.

Cllr Casson explains the key rule: "You can legally drink alcohol in public unless you’re in an area covered by a PSPO and an officer asks you to stop or hand over your drink.

"It’s the refusal to comply with that request that becomes the offence - not the act of drinking itself.

“Most UK towns and cities now have PSPOs covering town centres, parks, and transport hubs.”

Frequent Q&As

Is quietly drinking on a bench allowed?
No – drinking of alcohol is not permitted anywhere within a designated area covered by a PSPO

*With the exception of there being a temporary notice in place for events which have specific security presence.

What happens if someone refuses to stop or hand over alcohol when asked?

If someone refuses to stop drinking or hand over an open vessel of alcohol – they are issued a fixed penalty fine.

However, if they stop, but then resume again after the officer has gone, officers would initiate the ‘four stage incremental approach’ which begins with sending an incremental offence letter.  This initial advice letter ensures the person is aware of what they did, or was doing, was not acceptable, setting out expectations and further sanctions for not desisting in that behaviour.

Failure to comply with the process and desist in the behaviour will ultimately result in a civil injunction. The Local Authority will prepare evidence for a court application which will list requirements in line with the community’s expectation of behaviour. Failure to comply can result in a custodial sentence.

Sergeant Callum Corder adds: "Our aim isn’t to penalise responsible adults - it’s to manage behaviour that affects the safety or comfort of others.

“In cases where persistent street drinkers are responsible for ongoing anti‑social behaviour, we work closely with our colleagues at South Holland District Council to address the issue. Repeat offenders are taken to court, where we seek Criminal Behaviour Orders to prevent them from returning to the area. Any breaches of these orders are followed up promptly and dealt with through the courts. 

”Sanctions increase for those who breach court orders, which we have seen on numerous occasions."

Working together for safer public spaces

South Holland District Council and local police continue to work in partnership to reduce anti‑social behaviour and support a safe, welcoming environment for residents, workers, and visitors.

Cllr Casson clarifies: "A Public Spaces Protection Order is all about improving the quality of life for those living, working and visiting Spalding. As well as failing to comply with an officer’s request to stop drinking alcohol in a PSPO area, the order also covers littering, spitting saliva or any other product of the mouth as well as urinating and defecating. 

“By working closely with our partner agencies, we are educating and informing people about the PSPO and to ensure that people can live, work and visit here without being affected by incidents of anti-social behaviour while doing so.”