Reducing unfair fines and over-policing from alcohol-free zones

A City of Sydney proposal to reduce the number of places across the city where alcohol is prohibited is a step forward in addressing unfair fines and over-policing.

The Homeless Persons’ Legal Service (HPLS) and lived experience advocates StreetCare have been leading voices in the City’s extensive consultation about alcohol-free zones and alcohol prohibited areas (which include parks and other public spaces). 

Alongside other Community Legal Centres, we explained how alcohol-free zones disproportionately impact and criminalise First Nations people, people on low incomes, and people experiencing homelessness.

‘People who drink in public places tend to be people who can’t afford to be inside licenced venues,’ says StreetCare Project Officer Charmaine Jones.

‘StreetCare members pointed out that many of the alcohol-free zones in the city are around public housing estates and other places where people on low incomes gather. But in other parts of town, having a glass of wine in a park is completely accepted.’

‘They also shared concerns about safety and what might happen to more vulnerable people who are moved on from the street, to indoor locations where there is a higher risk of sexual assault or robbery.’

‘StreetCare supports the City of Sydney proposal, which will reduce stigma, arrests and expensive fines for people who can least afford them. But we urge the Council to consider removing these alcohol-free zones from the city altogether.’

There are currently 379 areas in the City of Sydney where alcohol is prohibited – but no evidence they reduce alcohol-related crime or antisocial behaviour.

‘Police already have powers to deal with alcohol-related behaviour problems, including move-on orders for intoxicated or disorderly conduct’, says HPLS Principal Solicitor Kira Levin.

‘In these prohibited zones, police are given additional powers to confiscate alcohol and tip it out on the spot. If people refuse to hand over alcohol, it can lead to an obstruction charge and a fine of up to $2,200.’

‘People who are homeless don’t have capacity to pay these fines. And police haven’t made a convincing case for why these additional powers are needed.’ 

‘Prohibiting alcohol in public spaces just leads to more interactions between police and people who already feel unfairly targeted. These interactions can quickly escalate and result in additional charges for the people involved, for example, charges for offensive language.’

The City of Sydney now has the proposal out for public consultation

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