POLICY COMMISSION BLUE PAPER

 

 

RESPONSIBLE BODY

 

Policy Commission for Safer Communities

 

ENQUIRY NAME

 

Consumption of alcohol in public places

 

REFERENCE NUMBER

Saf 3.05

1.   PURPOSE OF ENQUIRY AND PROPOSED OUTCOME

 

1.1     To reduce the level of alcohol related anti social behaviour

1.2     To reduce the level of alcohol related violence

1.3     To enhance the attractiveness of local areas for residents and tourists

1.4     To provide the public with a clear understanding of where alcohol can be consumed

 

2.         RECOMMENDATIONS

 

2.1         That this Council invites the Safer Communities Partnership to annually review the impact of drinking in public places on the island, and more specifically invites through the Partnership the Island’s Chief Superintendent to identify areas where existing Designated Public Place Orders (DPPOs) should be extended or new DPPOs made.

2.2         That this Council commits to appropriate consultation with all relevant parties in any area of the island where the Chief Superintendent commends the making of a DPPO.

2.3         That this Council commits to fast tracking the procedure for establishing DPPOs with a view to a decision being made by the Regulatory Committee within a period of 6 months from a request being lodged by the Chief Superintendent.

2.4         That this Council acknowledges that alcohol fuelled anti social behaviour and related criminal acts should best be controlled by a raft of measures including further under age test purchasing exercises, followed by appropriate enforcement action when sales are made, robust implementation of the Licensing Act 2003 and an effective Local Alcohol Harm Reduction Strategy managed by the Safer Communities Partnership.

 

 
This body of Work and the above recommendations were agreed and accepted by the Members of the Policy Commission for Safer Communities on Thursday, 2 February 2006.

 

 

 

 

Cllr David Williams

Commissioner

 

3.         BACKGROUND:

 

THE NATIONAL CONTEXT:

 

3.1         The Government states that, ”Alcohol related crime and disorder has a major impact on the quality of life of many people”1.

 

3.2         It is associated with a wide range of offences ranging from minor public order offences, which are anti-social by nature, through traffic offences, minor assaults, serious assaults to murder.

 

3.3         Home Secretary Charles Clarke, has said that: “Public drunkenness can give rise to serious problems of disorderly conduct, nuisance, criminal damage and alcohol-related assaults, particularly in the proximity of licensed premises at closing time. In addition, it can increase fear of crime and so reduce the quality of life for many people. This is clearly unacceptable”1

 

3.4         City and town centre evening life (the ‘night time economy’) has developed rapidly over the last 10 years, often directly linked to urban regeneration. Positive effects of this have included: energising local economies, raising business rates and improving consumer choice. If this economy is well managed and constructively supported by the alcoholic drinks industry, the result is that consumers are encouraged into town centres, leading to flourishing businesses and local economies2.

 

3.5         However, alcohol-related violence and disorder is a phenomenon no longer confined to weekends and is a visible part of the night-time economy. The British Crime Survey shows that 33% of stranger and 25% of acquaintance alcohol-related assaults occur on weekday evenings/nights. The Safer Communities Partnership consultation suggested that it is increasingly spreading out to suburbs. Particularly evident – though not necessarily reflective of the population as a whole – is a culture of going out to get drunk2.

 

3.6         Young People and Alcohol

 

3.6.1        Whilst it is illegal for under-18s to buy alcohol and for it to be sold to them, under-aged drinking is an important issue in tackling alcohol-related disorder Under-age drinking on the streets is widely perceived as a major form of problem drinking, with 57% of those asked about problem drinking in their area identifying drinkers under the age of 18 as the most serious issue2.

 

3.6.2  British teenagers are some of the heaviest drinkers in Europe: more than one third of 15 year-olds stated that they had been drunk at age 13 or earlier compared to around one in ten French or Italian children.  By the age of 15, just under half of all teenagers stated that they had been drinking in the previous week.  In addition, the number of units consumed has doubled from 5.3 in 1990 to 10.5 in 2002 and consumption is more likely to be outside the home, rather than in the home under supervision2.

 

3.6.3  Whilst the majority of young people who drink will experience nothing worse than a hangover, some will suffer very serious consequences. Their school work may suffer and they may find establishing and sustaining friendships difficult. Evidence suggests that the number of hospital admissions of children with acute alcohol poisoning has risen dramatically and that young people who drink have, like other age groups, a higher risk of accidents, unwanted pregnancies and assault2.

 

3.6.4  Research suggests that a range of factors influence this behaviour, including individual reactions and circumstances, family background, surrounding culture and the market2.

 

3.6.5  References:

 

1 Institute of Alcohol Studies (IAS).  2005.  Alcohol related crime and disorder.  IAS, Cambridge from http://www.ias.org.uk/factsheets/crime-disorder.pdf

 

2 Prime Minister’s Strategy Unit, Cabinet Office.   2004.  Alcohol Harm reduction strategy for England.  HMSO, London.

 

 

THE LOCAL CONTEXT:

 

3.7         The Isle of Wight Safer Communities Partnership Board Crime and Drugs Audit 2004 ‘recognize[d] the continuing problem surrounding the sale and use of alcohol on the Island.  Frequent reference during the course of the Audit was to be made to the impact of themed pubs and bars within the Night Time Economy.’  The excessive use of alcohol was identified as a central problem of greater significance than drug use3.

 

3.8         At the outset, the Commission considered a manifesto commitment given by the administration “to introduce an islandwide byelaw to ban the consumption of alcohol on our streets except for specially approved areas and events”.  This commitment was prompted by a desire to tackle alcohol fuelled anti-social behaviour and acts of crime and disorder.

 

3.9         The Commission concluded that the introduction of a byelaw would be an inefficient and an ineffective use of resources to achieve the outcomes desired as a consequence of the Criminal Justice and Police Act 2001 that causes such byelaws to cease effect on the 1 September 2006.

 

3.10     The Criminal Justice and Police Act 2001, however, gives local authorities a new power, a power to designate public places where it then becomes an offence to drink alcohol after being requested by a Police officer not to do so.  A Police officer has powers within such a designated place to require the surrender of alcohol and alcohol containers; anyone who fails to comply is liable to arrest.

 

3.11     The technical name for an order designating a public place as described is a Designated Public Place Order, or DPPO.  The Isle of Wight Council has one such order currently in place in the Church Litten area of Newport that was implemented on 3 June 2005.  The order was made by the Council’s Licensing Committee.

 

3.12     The Commission’s investigation revealed that the power to make a DPPO can only be exercised in those areas where evidence shows that nuisance, annoyance or disorder occurs and that the nuisance, annoyance or disorder is associated with the consumption of alcohol in that place.  There are 200+ DPPOs in force in England and Wales.  Evidence based citywide DPPOs have been introduced in Brighton and Westminster.

 

3.13     Locally, the Police provided evidence to the Commission to the effect that the Church Litten DPPO is proving to be a valuable tool.  The order provides powers to support the Police particularly in the context of anti social behaviour, crime and disorder and public nuisance associated with:

 

·       Daytime consumption of alcohol by “rough sleepers”

·       Early evening consumption of alcohol by youths sometimes younger than 12 years of age

·       Late evening consumption of alcohol by older youths

 

3.14     The Commission took evidence from a senior manager in the youth service.  It was suggested that a proportionate response is required by the Council to tackle problems associated with under age drinking.  It was agreed that a majority of those consuming alcohol including young people behave responsibly and do not resort to anti social behaviour or criminal acts.  Commission members were challenged to recall their early experiences of consuming alcohol.

 

3.15     The Police can issue on the spot penalty notices in the event of non compliance with DPPOs.

 

3.16     References:

 

3 University of Portsmouth.  2004.  Isle of Wight Safer Communities Partnership Board Crime and Drugs Audit 2004.  University of Portsmouth, Portsmouth. (p.6)

 

 

4.         CONSULTATION

 

4.1  The Commission has consulted widely through formal and informal meetings, public advertisement, iwight.com and written correspondence with:

 

·       Town and Parish Councils,

·       Hampshire Police,

·       Isle of Wight Ambulance Service 

·       Isle of Wight Councillors,

·       Isle of Wight Council officers,

·       the Safer Communities Partnership,

·       the local business Community,

·       Community Forums,

·       the Isle of Wight Rural Community Council,

·       the local community. 

 

4.2  Support for a clear consistent policy that delivers on the proposed outcomes is widespread.  Commission meeting notes and written responses to this consultation are identified in the appendices to this blue paper.

5.     ISSUES IDENTIFIED

 

5.1     The regime under which alcohol has been sold to consumers has radically changed over the last 12 months.  Licences are now granted by the Isle of Wight Council as Licensing Authority rather than by Magistrates Courts.  The new regime became effective on 24 November 2005.  Up to 900 premises on the island are expected to be licensed.

5.2     The new regime, established by the Licensing Act 2003 gives Councils new powers, powers to impose licensing conditions, powers to suspend licences and powers to revoke licences (subject to a right of appeal to Magistrates Courts).

 

5.3     It was suggested to the Commission that the new regime is based on the premise that the old licensing regime did not work, or did not work satisfactorily.

 

5.4     Enforcement requires an enforcement resource; in the case of outcomes sought from this enquiry most of that enforcement resource comes from the Police.  Partnership working with the Police to achieve the outcomes sought will be crucial.

 

5.5     The Commission recognises that alcohol fuelled anti social behaviour and crime and disorder is a feature with a minority of drinkers, not a majority of drinkers.

 

5.6     Displacement is the term given to describe the impact on areas adjacent to those where DPPOs are established.  There is anecdotal evidence that the Church Litten DPPO has resulted in displacement to other areas of Newport.

 

5.7     DPPOs should not be confused with Dispersal Orders (DOs).  DOs provide a relatively swift response to groups of two or more persons causing nuisance in public places. Section 30 of the Anti-social Behaviour Act 2003 permits the Council to consent to a request for a DO for a period not exceeding six months from a relevant police officer ‘where a relevant police officer has reasonable grounds for believing-

 

(a)     that any members of the public have been intimidated, harassed, alarmed or distressed as a result of the presence of groups of two or more persons in public places, and

(b)     that anti-social behaviour is a significant and persistent problem in the relevant locality’

 

5.8     Work is underway to produce an Island Strategy to reduce the damage caused by excessive alcohol consumption, whether that damage be damage to the individual’s health, costs to the health service or costs to society from anti social behaviour or criminal acts.  The strategy has the potential to deliver targeted resources where problems are identified and needs are greatest.

 

5.9     The Crime and Disorder Act 1998 Sections 4 & 5 establish a requirement to audit crime disorder and substance misuse activity on the Isle of Wight, and from that audit process develop a 3 year strategy to address these issues. It is clear both from local data and from national and international research that the consumption of alcohol has a significant impact upon crime disorder and antisocial behaviour on the Isle of Wight.

 

5.10 The Crime and Drug Strategy 2005-2008 has six main themes they are:

 

·       Managing the Night Time Economy

·       Violence

·       Overall Crime

·       Antisocial Behaviour and Disorder

·       Young People

·       Partnership Development and Communication

 

 

5.11 Problems with alcohol are clearly linked into themes 1-5 whilst theme six is quite heavily concerned with putting together partnership arrangements to deal with this issue.

 

5.12 Local research ‘has shown that the consumption of alcohol in public places is a significant concern and the consequences are particularly alarming for young people when one considers the numbers of young people who are admitted to hospital through the effects of alcohol.  A significant amount of this consumption can be directly attributed to public drinking.’  There are also environmental consequences which are illustrated by the ‘debris left behind following a weekend’s activity in some of the local hot spots.’ 4

 

5.13 ‘Alcohol consumption in public places also has a significant effect upon the fear of crime which our survey tells us is disproportionately high on the island’4.

 

5.14 Specific actions are being undertaken in terms of the problems alcohol cause in the public realm which range from violent assaults, disorderly and rowdy behaviour, anti social behaviour.  Delivery of the crime and disorder agenda will be co-ordinated by the, newly formed, Joint Agency Action Group (JAAG).

 

5.15 Alcohol related issues are not only confined to the Crime and Disorder agenda.  Alcohol is a significant issue for the Young Peoples Substance Misuse Team who have clients who are trying to address their problems.  This is also true within an element of the group of problematic drug users on the Island, unlike the young peoples service funding is not available solely for alcohol issues.

 

5.16 ‘Those issues that occur in private premises tend to have less effect upon the community at large.  However issues relating to the consequences of alcohol misuse when they come into the public areas of the island have a particularly damaging effect, not only on the community at large, but also the perpetrators and have a knock on effect on partnership resources not least the health service.’4

 

5.17 References:

 

4Pearce, Bill, 2005, Alcohol Strategic Links, Isle of Wight Council (P.9)

6.         OPTIONS APPRAISAL WITH LEGAL AND FINANCIAL IMPLICATIONS

 

6.1         There is community expectation that this Council is proactive in the way that it works whenever possible with partners for example the Police, and with stakeholders, for example the licensed trade town and parish councils and residents associations to reduce incidences of alcohol fuelled anti-social behaviour and crime and disorder.  Doing nothing is not an option.

 

6.2         Council costs incurred through the establishment of the Church Litten DPPO were primarily officer time. £3k was also required to fund consultation, advertising and signage.  Similar costs will be incurred whenever an existing DPPO is varied or a new DPPO considered/established.  It would appear that there is evidence to consider an extension to the Church Litten DPPO and two further DPPOs on the island during 2006/7. 

 

6.3         For the purposes of this Blue Paper it is important to note that a place cannot be designated as a public place for the purposes of a DPPO if it is, or part of it is:

 

·       A licensed premise or a registered club

·       A place within the curtilage of any licensed premise of registered club

·       A public place is defined as any place to which the public has access on payment or otherwise of right.  This can include car parks, communal grounds and private roads.

 

6.4         The procedure for making a DPPO is prescribed by regulation.  The Local Authority must consult:

 

6.4.1   The Chief Officer of Police for the area

 

6.4.2   Any parish or community council in whose area the public place is situated

 

6.4.3   The licensee of any licensed premise in that place or who may affected by the order

 

6.4.4   The owners or occupiers of any land that may be identified in the DPPO

 

6.4.5   The Local Authority must publish in a local newspaper its intentions to make a DPPO inviting representations.  Any representations received must be considered.

 

6.5         The making of a DPPO is excluded from being a function of the Cabinet.  The power to make a DPPO sits with Full Council or the Regulatory Committee.

 

6.6         Powers under a DPPO are discretionary.  The Local Authority in consultation with the Police may choose at times to relax their application to allow public offence to proceed without restrictions.  A Police officer is not obliged to require the surrender of alcohol within an area controlled by a DPPO.  The power is a permissive power for a Police officer to exercise at his or her discretion.

 

7.         EVIDENCE/BACKGROUND PAPERS/ADDITIONAL INFORMATION

 

·     BBC.  2005.  Teen dispersal powers.  From http://news.bbc.co.uk/1/hi/uk/4583685.stm

 

·     Chichester District Council.  2004.   Alcohol Harm Reduction Strategy.  From http://www.chichester.gov.uk/live/healthy_living/alcohol_harm_reduction_strategy.cfm

 

·     Criminal Justice and Police Act 2001.  Office of Public Sector Information, London.

 

·     Guardian Unlimited.  20 June 2004.  Civil rights group challenges night curfews for teenagers.  From http://observer.guardian.co.uk/politics/story/0,6903,1243131,00.html

 

·     Haines, Chris.  2005.  Notes on Isle of Wight Youth Activity

 

·     Hampshire Constabulary, 2005, Section 30 Anti-social Behaviour Act 2003: Dispersal Orders – A basic guide to the process

 

·     Home Office National Offender Management Service.  2004.  Penalty Notices for Disorder Statistics.  Home Office, London

 

·     Home Office.  2004.  Penalty Notices for Disorder: Early Results from the Pilot.  From http://www.renewal.net/Documents/RNET/Research/Penaltynoticesdisorder.pdf

 

·     Home Office.  2005.  Government And Supermarkets Crack Down On Underage Drinking (Press Release).  From http://press.homeoffice.gov.uk/press-releases/government_supermarkets_crack_do

 

·     Home Office.   2003.  The one day count of anti-social behaviour.  Home Office, London

 

·     Home Office.  2001.  Alcohol Consumption in Public Places – Designation orders.  From www.crimereduction.gov.uk

 

·     Department for Culture, Media and Sport, Office of the Deputy Prime Minister and the Home Office.  2005.  Drinking Responsibly: The Government's Proposals.   From http://www.crimereduction.gov.uk/alcohol03.htm

 

·     Institute of Alcohol Studies (IAS).  2005.  Alcohol related crime and disorder.  IAS, Cambridge from http://www.ias.org.uk/factsheets/crime-disorder.pdf

 

·     Joseph Rowntree Foundation.   2005.  Anti-social behaviour strategies.  From http://www.jrf.org.uk/bookshop/eBooks/1861347774.pdf

 

·     Local Government Association.  2004.  Creating Safer and Stronger Communities.  From http://www.lga.gov.uk/Documents/Publication/creatings.pdf

 

·     Local Government Association.  2004.   Guidance for councillors on tackling anti-social behaviour locally.

From http://www.lga.gov.uk/Documents/Publication/guidanceforcllrsASB.pdf

 

·     Local Government Association. 2004.  It's time for joined-up Government on crime (Press release).  From http://www.lga.gov.uk/PressRelease.asp?lsection=29&id=SX9CCD-A7829537&ccat=29

 

·     Northumberland Council.  2003.  North Northumberland Alcohol Awareness Project.  From  www.idea-knowledge.gov.uk

 

·     Overview & Scrutiny Team.  2005.  Notes of meeting with Chief Inspector Paul Clarke 15.6.05.  Isle of Wight Council.

 

·     Pearce, Bill.   2005.  Alcohol Strategic Links.  Isle of Wight Council

 

·     Policy Commission for Safer Communities.  2005.  Notes of Evidence 4.7.05.  Isle of Wight Council

 

·     Portsmouth City Council.  2004.   “Designated Public Places Order To Ban Street Drinking” And Deal With Alcohol Related Anti-Social Behaviour.  From http://www.portsmouth.gov.uk/media/exec20040913r08.pdf

 

·     Prime Minister’s Strategy Unit, Cabinet Office.   2004.  Alcohol Harm reduction strategy for England.  HMSO, London.

 

·     Surrey Community Safety Unit.  2005.  Alcohol related crime and disorder.  From http://www.surreycsu.org.uk/scsu/scsuwebsite.nsf/LookupWebPagesByTITLE_RTF/Alcohol+Related+Crime+and+Disorder?opendocument 

 

·     Swindon Borough Council.   2004.  Alcohol Designated Zone Review.   From www.cfps.org.uk

 

·     Tameside Metropolitan Borough Council.  2003.  Restriction on Alcohol Consumption in Designated Public Places within the Borough (Report to the Council Executive).   From www.tameside.gov.uk

 

·     Thorne, Justin.  2005.  Briefing Note Re: Regulation of Consumption of Alcohol in Public Places June.  Isle of Wight Council

 

·     TOGETHER.  2004. Together tackling anti-social behaviour: Impact of anti-social drinking / Action that can be taken.  From http://www.together.gov.uk/article.asp?c=119&aid=1460 

 

·     University of Portsmouth.  2004.  Isle of Wight Safer Communities Partnership Board Crime and Drugs Audit 2004.  University of Portsmouth, Portsmouth.

 

·     Winchester City Council.  2005. Winchester City Centre becomes alcohol exclusion zone (Press Release). 

From http://www.winchester.gov.uk/NewsArticle.asp?id=SX9452-A780C445

 

Responses to Consultation

 

·     Cllr George Brown

·     Cllr Geoff Lumley

·     Brading Town Council

·     Gurnard Parish Council

·     Shanklin Town Council

·     Ventnor Town Council

 

Prepared by:

 

Cllr Vanessa Churchman and Rob Owen, Head of Consumer Protection

 

Date

5 December 2005