THERE is no provision in the law for establishing an alcohol-free zone in Upton, town councillors have heard.

Police would like such a zone to be created to combat alcohol-related anti-social behaviour by youths, but councillors are opposed to the idea because of the effect it could have on local businesses and summer visitors.

At the council meeting on Tuesday, March 18, a letter from former minister of state John Denham MP, written before his resignation, was read out to clarify the current situation.

Mr Denham said drinking alcohol in public was not an offence and councils could only restrict it where there was evidence of trouble in the area.

"Local authorities should not impose a comprehensive ban which may be used to stop law abiding members of the public enjoying a drink in public places," he wrote. "The powers of confiscation... are discretionary and should not put any extra burden on the police to patrol areas that have been designated for this purpose."

The police can currently only confiscate open containers of alcohol from young people. A licensing bill currently before parliament includes a clause allowing the confiscation of sealed containers too.

Mr Denham ended his letter by saying: "We are determined to tackle alcohol-related disorder by giving the police effective powers to deal with those who cause this type of nuisance."

In October the council voted against the provision of an alcohol-free zone. By law, the matter cannot be discussed again until next month, but clerk Priscilla Beattie said it was unlikely to come up again until after the May elections.