Nuisance public drinking laws reintroduce police powers to fine and arrest public drunks

Nuisance public drinkers could be arrested and fined more than $900 under new laws to be introduced by the NT government.

Powers to arrest and fine public drinkers in the Northern Territory will be reintroduced next week, as part of a major law and order agenda the new CLP government will push through parliament.

The nuisance public drinking offence will give police powers to hand out $925 fines, charge and arrest people in public places where alcohol is prohibited, as well as issue seven-day Banned Drinker Orders.

Empty alcohol bottles left at Bundilla Beach set the backdrop for the government’s press conference announcing a crack down on public drinking. Picture: Pema Tamang Pakhrin

Prohibited public places covered by the new law are in Darwin, Alice Springs, Katherine, Palmerston, Tennant Creek, Nhulunbuy, any other public place within 2km of a licensed premises, or any other place prescribed by regulation or by a local council.

Drinking will still be allowed in certain exempt areas during specific hours, including East Point, Mindil Beach, and the Nightcliff Foreshore, however people can still be charged, arrested and fined for nuisance public drinking in an exemption area.

Currently, police can ask for ID and tip out grog in public places where alcohol is prohibited.

“This expansion of powers for our police for nuisance public drinking is a really important part of stopping crime before it happens, and setting a really high standard of behaviour for our community that all Territorians respect,” Chief Minister Lia Finocchiaro said.

“Instead of police just being able to tip out grog, they will be able to run searches against DVOs, outstanding warrants, breaches of bail conditions and arrest people.

“This is about making sure we intervene early in nuisance public drinking to stop crime, particularly domestic and family violence happening later in the evening.

“Importantly, this will not stop Territorians from having a beer while enjoying our unique outdoor lifestyle at places like East Point.”

A woman is fined for drinking in Alice Springs in 2015. Picture: Jason Edwards

Public drinking was decriminalised in the NT in 2019 in response to recommendations from the Royal Commission into Aboriginal Deaths in Custody.

Association of Alcohol and other Drug Agencies NT said reintroducing a public drinking offence would disproportionately impact vulnerable Territorians.

“We need a health response to a health problem,” chief executive Stephanie Holmes said.

“Criminalising public drinking exacerbates issues of trauma and disadvantage by creating cycles of imprisonment, as well as adding to stigma and shame.

“It’s a missed opportunity for a health oriented response. Let’s have sobering up centres, or diversion and treatment centres that can bring about longer term positive outcomes – not just punitive measures.”

Originally published as Nuisance public drinking laws reintroduce police powers to fine and arrest public drunks