PAPER B

 

                                                                                                                 Purpose: for Decision

Committee     REGULATORY COMMITTEE

 

Date:               2 APRIL 2007

 

Title:                PROPOSAL TO RESTRICT ANTI SOCIAL DRINKING IN EAST COWES

 

REPORT OF THE HEAD OF CONSUMER PROTECTION

 

PURPOSE

 

1.                  To recommend the adoption of powers and the implementation of controls to restrict anti-social drinking in East Cowes.

 

2.                  The Council has received a request from the Hampshire Constabulary to designate parts of East Cowes as an area where anti social drinking in public is prohibited.

 

3.                  The area is described as being bounded by a line starting at the Chain Link Ferry on Ferry Road progressing along Castle Street to the Esplanade as far as Old Castle Point.  Then from Old Castle Point to the sewage works and along the track delineating the recreation ground behind the Esplanade as far as Cambridge Road.  Back along the Esplanade into Albany Road and then into Old Road into Castle Street.  Then along Union Street and along the track delineating Church Path to Well Road to its junction with York Avenue.  Then along to the junction with Connaught Road.  Then in a straight line that joins Orchard Road to Hospital Road and then Adelaide Grove to its junction with York Avenue.  Then York Avenue along Ferry Road until it terminates at the Chain Link Ferry.  (See plan of intended area Appendix 1)

 

BACKGROUND

 

4.                  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 regulate 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.

 

5.                  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.

 

6.                  An order designating any public place within their area may be made if members are satisfied that nuisance or annoyance or disorder has been associated with the consumption of alcohol in that place.

 

7.                  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 in the person’s possession.  Failure to comply may result in arrest.  The containers may be disposed of in any way the officer considers appropriate.

 

8.                  The provisions of the Act are not intended to provide a comprehensive ban on drinking in the open air but to provide to address the problems of crime and anti social behaviour associated with alcohol.  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.

 

STRATEGIC CONTEXT

 

9.                  The proposed designation order is consistent with the “One Island” themes of “Respect” and “Pride”, in that it impacts upon crime and disorder and protection of the environment.

 

10.             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

 

11.             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.

 

12.             The Council has consulted with the following:

 

i)                    The Hefford Road Management Committee: a small body responsible for maintaining a small open space in Hefford Road subject to considerable anti social drinking

ii)                  Licensees within the area

iii)                The owners or occupiers of the land identified in the Designation Order area.

 

13.             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 East Cowes Town Hall on 18th January 2007.

 

14.             The Council has publicised its intention to make a Designation Order.  A notice was published in the Isle of Wight County Press (22 December 2006 and again on 2nd February 2007) 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.

 

15.             The Council also gave notice of its intention to hold a public meeting at the Town Hall, East Cowes, where interested parties could make representations.

 

16.             The Council’s officers considered these representations made during the consultation process prior to submitting this report.  There were no substantive objections lodged against the proposal in principle.  However, there were strong representations made requesting that the area should be extended.  In particular the area should include the land behind the church and Hefford Road.  Evidence was adduced from residents and Town Councillors supporting the extension of the area.  Hampshire Constabulary was consulted, who agreed that the area should be increased.  Accordingly, an extended area was agreed, letters were written to residents newly affected and stakeholders were informed of the Council’s decision.  A new notice was placed in the County Press on 2nd February 2007 explaining that the area proposed had been extended to take account of residents’ wishes.

 

17.             The extended area now encloses land within York Avenue; Ferry Road; the Esplanade; a line south from Old Castle Point to Millfield Avenue; Oaks Close; Old Road (from the junction with Oaks Close to New Bard Road); New Barn Road to its junction with York avenue.  It also includes the whole of Jubilee Recreation Ground.  This new area satisfies the earlier concerns.  See appendix 2.

 

FINANCIAL/BUDGET IMPLICATIONS

 

18.             Expenditure to date is £3,000 and the annual replacement of signs is estimated to be in the order of £200 p.a.

 

19.             These costs will be met from within existing budgets.  Costs of signage will be provided from the Safer Neighbourhoods Team

 

IMPLICATIONS UNDER THE CRIME AND DISORDER ACT 1998

 

20.             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.

 

21.             A designation order in this area of East Cowes would be consistent with the objectives of the Crime and Disorder Act 1998.

 

LEGAL IMPLICATIONS

 

22.             Section 13 of the Criminal Justice and Police Act 2001 gives the authority the power to make an order designating any public place within their area if they are satisfied that nuisance or annoyance or disorder has been associated with the consumption of alcohol in that place.

 

23.             The Local Authorities (Alcohol Consumption in Designated Public Places) Regulations do not place a requirement on the Local Authority to conduct a formal assessment of the problem. Whether or not a designation order is appropriate will be a matter for local judgment based on the circumstances that apply.

 

24.             The Regulations require the Local Authority to consult with: -

 

o                   Any parish/community council (including the Town Council) covering any or part of the public place to be designated

o                   Hampshire and Isle of Wight Police

o                   Neighbouring Town/Parish Councils that may be effected by the order

o                   Licensees within the area or who may be affected by the order

o                   The owners or occupiers of any land that may be identified in a

Designation order

 

25.             The Local Authorities (Functions and Responsibilities) Regulations 2000 require this to be a full council function and not a matter for the Executive/Cabinet.

 

26.             The restriction on public drinking will not apply to any premises or area covered by a licence allowing the consumption of alcohol, for example, the premises of licensed houses, clubs or restaurants.

 

27.             If members are minded to make the order then before it takes effect, the Council must erect such signs as is considered sufficient to draw the attention of members of the public in that place to the effect of the order. The Council must also publish in a newspaper circulating in their area a notice identifying the place which has been identified in the order; setting out the effect of the order in relation to that place; and indicating the date on which the order will take effect.

 

OPTIONS

 

28.             That :

1.                              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.

 

2.                              an Order be made designating the area set out in Appendix 2 of this report as a Designated Public Place for the purposes of the above act.

 

3.                              no further action be taken.

EVALUATION/RISK MANAGEMENT

 

29.       The recommendations in this report are based on evidence submitted by Hampshire Police.  The evidence shows that there nuisance or annoyance or disorder has been associated with the consumption of alcohol in the area identified in appendix 2.  The evidence suggests that there is a particular “hot spot” in the vicinity of East Cowes Town Hall.  Hefford Road is also badly affected.  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. 

 

 

RECOMMENDATIONS

 

30.    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 (option 1).

 

31.     That an Order be made designating the area set out in Appendix 2 of this report as a Designated Public Place for the purposes of the above act (option 2).

 

BACKGROUND PAPERS

 

32.       Criminal Justice and Police Act 2001 Local Authorities (Alcohol Consumption in Designated Places) Regulations 2001

                       

33.       Records of consultation

 

APPENDICES ATTACHED

 

34.       Appendix 1: Map of the original area

Appendix 2: Amended area (following consultation)

 

 

Contact Point:      Warren Haynes, Environmental Heath Manager, ( 01983 823151,

                                                email: [email protected]

 

 

 

 

ROB OWEN

Head of Consumer Protection