PAPER B3
Purpose: for Decision
Committee LICENSING COMMITTEE
Date: 5 APRIL 2005
Title: PROPOSAL TO RESTRICT ANTI
SOCIAL DRINKING IN THE CHURCH LITTEN AREA OF NEWPORT
REPORT OF THE HEAD OF CONSUMER
PROTECTION
1.
To
recommend the adoption of powers and the implementation of controls to restrict
anti-social drinking in the Church Litten area of Newport.
2.
The
Council has received a request from the Hampshire Constabulary to designate the
area bounded by Prospect Road, South Street, Upper St James Street, Medina Avenue
to the junction from Marks and Spencers and Safeways as an area where anti
social drinking in public is prohibited. (Appendix
1 and Appendix 2 – request and
plan)
BACKGROUND
3.
On
1 September 2001, sections 12 to 16 of the Criminal Justice and Police Act 2001
and the Local Authorities (Alcohol Consumption in Designated Places)
Regulations 2001 came into force. The
Act provides local authorities with an adoptive power to restrict anti-social
drinking in public places and provides the police with power to enforce such
restrictions. The Regulations set out
the procedures to be followed by local authorities in designating public places
for this purpose through a Designation Order and therein creating controlled
drinking zones.
4.
These
new statutory powers replace the Home Office model byelaw relating to the
consumption of intoxicating liquor in designated public places. If a local authority wishes to place a
restriction on public drinking within their area they must now apply for a
Designation Order under section 13 of the 2001 Act rather than proceeding with
a bylaw.
5.
Section
13 of the Act allows an order to be made to restrict anti-social drinking in a
public place where there is evidence of such drinking associated with nuisance
and annoyance to members of the public, or disorder associated with the
consumption of intoxicating liquor.
6.
Section
12 of the Act provides new police powers to deal with anti-social drinking only
in areas that have been designated by the local authority. The police will have the power to require a
person, in such a place, not to drink alcohol in that place where the officer
reasonably believes that the person is, has or intends to do so and to
surrender any alcohol or alcohol containers (other than sealed containers) in
the person’s possession. Failure to
comply may result in arrest.
7.
The
provisions of the Act are not intended to provide a comprehensive ban on
drinking in the open air but to provide a restriction on drinking in public
places. Therefore festivals and
open-air events or licensed premises will not be affected. It will not be an offence to drink alcohol
in a designated public place, but failure to comply with an officer’s
requirements in respect of public drinking or to surrender alcohol, without
reasonable excuse, becomes an arrestable offence in the designated area.
8.
The
proposed designation order is consistent with the Community Strategic theme of
“guaranteeing the quality of life and sustainability” in that it impacts upon
crime and disorder and protection of the environment.
9.
It also
assists in meeting the following Corporate Objectives:
(a)
Improving
health, housing and the quality of life for all.
(b)
Creating
safe and crime-free communities.
CONSULTATION
10.
There
is a requirement for local authorities to undertake a consultation process
prior to making a Designation Order.
Full details of the consultation that has taken place are set out below.
11.
The
Council has consulted with the following:
i)
Newport
Forum – which has an interest in all of the area proposed
ii)
Licensees
within the area
iii)
The
owners or occupiers of the land identified in the Designation Order area.
12.
The
police have been involved at all stages in considering the implementation of
the Act and were represented at a public meeting which was held at the
Riverside Centre on 24 March 2004.
13.
The
Council has publicised its intention to make a Designation Order. A notice was published in the Isle of Wight
County Press containing the following information:
a)
Identification
of the place recommended to be designated.
b)
The
effect of any order made in relation to the Designation Order.
c)
An
invitation for representations as to whether or not a Designation Order should
be made.
14.
The
Council also gave notice of its intention to hold a public meeting at the
Riverside Centre, Newport, where interested parties could make representations.
15.
The
Council’s officers considered these representations made during the consultation
process prior to submitting this report.
There were no substantive objections lodged in respect of this proposal.
FINANCIAL/BUDGET IMPLICATIONS
16.
Expenditure
to date includes:
·
£500
staff time
·
£80
newspaper notice
·
£120
printing costs for consultation stationary
17.
Future
costs estimated include:
·
Incidental
staff costs
·
£100
newspaper notice
·
£2000
erection of signage
These costs will be met from
within existing budgets.
18.
Without
prejudice to any other obligation imposed on it, it shall be the duty of each
authority to which the Crime and Disorder Act applies to exercise its various
functions with due regard to the likely effect of the exercise of those
functions on, and the need to do all that it reasonably can to prevent, crime
and disorder in its area.
19. A
designation order in this area of Newport would be consistent with the
objectives of the Crime and Disorder Act 1998.
LEGAL IMPLICATIONS
20.
If
the Council decides to make a Designation Order it can only come into effect
after the Isle of Wight Council has taken the following actions:
·
Published
a further newspaper notice describing the area to be designated, the effect of
the Order and the date on which the Order comes in to effect.
·
Erected
sufficient signs in the area designated to draw the attention of the public to
the effect of the Order.
·
A
copy of the Order has been sent to the Secretary of State.
·
This
procedure for establishing designated public places pursuant to Criminal
Justice and Police Act 2001 are not incompatible with the Human Rights Act 1998
and its convention rights. The powers
that can be exercised by the police once a designation order is in force are
designed to prevent crime and disorder; consequently they also protect the
rights and freedoms of members of the public who might otherwise be affected by
such criminal activity. The power to
prevent the consumption of alcohol and to confiscate alcohol will only be
exercised if there is thought to be a public interest.
·
There
is a requirement to provide signing in the designated area and in its
boundary. The design of a sign is
attached at Appendix 3. The wording has
been agreed with the Hampshire Constabulary.
OPTIONS
21.
That
the Council adopts powers to restrict drinking intoxicating liquor in
designated public places as prescribed by Section 12 – 16 of the Criminal
Justice and Police Act 2001.
22.
That
a Designation Order be made to establish the area set out in Appendix 1 of this
report as a controlled drinking zone.
23.
Take
no further action on the report.
24.
Appendix 1: request from Hampshire
Constabulary
Appendix 2: Proposed area for
restriction
Appendix 3: design of the sign
26. The recommendations in this report are
based on evidence submitted by Hampshire Police. The evidence shows that there is a particular “hot spot” in the
vicinity of Newport Bus Station and Church Litten Park. Police and Council officers believe that by
designating this area as a controlled drinking zone that there will be a
reduction in the number of incidents making the area safer. Whilst consideration might be given to other
areas in the future, officers recommend that the Council introduce and monitor
this pilot scheme and if successful consider future evidence when and if
produced by the police with regards to other areas. At present the proposed zone is considered the priority area.
|
RECOMMENDATIONS 27.
That the Council adopts powers to restrict
drinking intoxicating liquor in designated public places as prescribed by
Section 12 – 16 of the Criminal Justice and Police Act 2001. 28.
That
a Designation Order be made to establish the area set out in Appendix 1 of
this report as a controlled drinking zone. |
29. Criminal
Justice and Police Act 2001 Local Authorities (Alcohol Consumption in
Designated Places) Regulations 2001
Records of consultation
Contact Point: John Murphy, Licensing Officer 823152,
email
[email protected]