A discussion, earlier, about whether it was now illegal to drink in public…

…I thought not, think not, at least, not generally… My understanding was, that local authorities can set up controlled, alcohol free zones and create some sort of civil offence for being caught drinking alcohol there. (As it is, councils can set up regions where public consumption of alcohol may be prohibited and this prohibition may be enforced by the police.) So surely there must be an #opendata powered ‘no drinking here’ map around somewhere? The sort of thing that might result from a newspaper hack day, something that could provide a handy layer on a pub map? I couldn’t find one, though…

I did a websearch, turned up The Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2007, which does indeed appear to be the bit of legislation that regulates drinking alcohol in public, along with a link to a corresponding guidance note: Home Office circular 013 / 2007:

16. The provisions of the CJPA [Criminal Justice and Police Act 2001, Chapter 2 Provisions for combatting alcohol-related disorder] should not lead to a comprehensive ban on drinking in the open air.
…
17. It is the case that where there have been no problems of nuisance or annoyance to the public or disorder having been associated with drinking in that place, then a designation order … would not be appropriate. However, experience to date on introducing DPPOs has found that introducing an Order can lead to nuisance or annoyance to the public or disorder associated with public drinking being displaced into immediately adjacent areas that have not been designated for this purpose. … It might therefore be appropriate for a local authority to designate a public area beyond that which is experiencing the immediate problems caused by anti-social drinking if police evidence suggests that the existing problem is likely to be displaced once the DPPO was in place. In which case the designated area could include the area to which the existing problems might be displaced.

Creepy, creep, creep…

This, I thought, was interesting too, in the guidance note:

37. To ensure that the public have full access to information about designation orders made under section 13 of the Act and for monitoring arrangements, Regulation 9 requires all local authorities to send a copy of any designation order to the Secretary of State as soon as reasonably practicable after it has been made.

38. The Home Office will continue to maintain a list of all areas designated under the 2001 Act on the Home Office website: www.crimereduction.gov.uk/alcoholorders01.htm [I’m not convinced that URL works any more…?]

39. In addition, local authorities may wish to consider publicising designation orders made on their own websites, in addition to the publicity requirements of the accompanying Regulations, to help to ensure full public accessibility to this information.

So I’m thinking: this sort of thing could be a great candidate for a guidance note from the Home Office to local councils recommending ways of releasing information about the extent of designation orders as open geodata. (Related? Update from ONS on data interoperability (“Overcoming the incompatibility of statistical and geographic information systems”).)

I couldn’t immediately find a search on data.gov.uk that would turn up related datasets (though presumably the Home Office is aggregating this data, even if it’s just in a filing cabinet or mail folder somewhere*), but a quick websearch for Designated Public Places site:gov.uk intitle:council turned up a wide selection of local council websites along with their myriad ways of interpreting how to release the data. I’m not sure if any of them release the data as geodata, though? Maybe this would be an appropriate test of the scope of the Protection of Freedoms Act Part 6 regulations on the right to request data as data (I need to check them again…)?

* The Home Office did release a table of designated public places in response to an FOI request about designated public place orders, although not as data… But it got me wondering: if I scheduled a monthly FOI request to the Home Office requesting the data on a monthly basis, would they soon stop fulfilling the requests as timewasting? How about if we got a rota going?! Is there any notion of a longitudinal/persistent FOI request, that just keeps on giving (could I request the list of designated public places the Home Office has been informed about over the last year, along with a monthly update of requests in the previous month (or previous month but one, or whatever is reasonable…) over the next 18 months, or two years, or for the life of the regulation, or until such a time as the data is published as open data on a regular basis?

As for the report to government that a local authority must make on passing a designation order – 9. A copy of any order shall be sent to the Secretary of State as soon as reasonably practicable after it has been made. – it seems that how the area denoted as a public space is described is moot: “5. Before making an order, a local authority shall cause to be published in a newspaper circulating in its area a notice— (a)identifying specifically or by description the place proposed to be identified;“. Hmmm, two things jump out there…

Firstly, a local authority shall cause to be published in a newspaper circulating in its area [my emphasis; how is a newspaper circulating in its area defined? Do all areas of England have a non-national newspaper circulating in that area? Does this implicitly denote some “official channel” responsibility on local newspapers for the communication of local government notices?]. Hmmm…..

Secondly, the area identified specifically or by description. On commencement, the order must also be made public by “identifying the place which has been identified in the order”, again “in a newspaper circulating in its area”. But I wonder – is there an opportunity there to require something along the lines of and published using an appropriate open data standard in a open public data repository, and maybe further require that this open public data copy is the one that is used as part of the submission informing the Home Office about the regulation? And if we go overboard, how about we further require that each enacted and proposed order is published as such along with a machine readable geodata description and that a single aggregate files containing all that Local Authority’s currently and planned Designated Public Spaces are also published (so one URL for all current spaces, one for all planned ones). Just by the by, does anyone know of any local councils publishing boundary date/shapefiles that mark out their Designated Public Spaces? Please let me know via the comments, if so…

A couple of other, very loosely (alcohol) related, things I found along the way:

• Local Alcohol Profiles for England: the aim appears to have been the collation of, and a way of exploring, a “national alcohol dataset”, that maps alcohol related health indicators on a PCT (Primary Care Trust) and LA (local authority) basis. What this immediately got me wondering was: did they produce any tooling, recipes or infrastructure that would it make a few clicks easy to pull together a national tobacco dataset and associated website, for example? And then I found the Local Tobacco Control Profiles for England toolkit on the London Health Observatory website, along with a load of other public health observatories and it made me remember – again – just how many data sensemaking websites there already are out there…
• UK Alcohol Strategy – maybe some leads into other datasets/data stories?

PS I wonder if any of the London Boroughs or councils hosting regional events have recently declared any new Designated Public Spaces #becauseOfTheOlympics.