POLICY COMMISSION BLUE PAPER
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RESPONSIBLE BODY Policy Commission for Safer Communities |
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ENQUIRY NAME Consumption of alcohol
in public places |
REFERENCE NUMBER Saf 3.05 |
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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 |
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Cllr David Williams Commissioner |
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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. |
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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) |
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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. |
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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) |
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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. |
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· 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
·
Brading Town Council ·
Gurnard Parish Council ·
Shanklin Town Council ·
Ventnor Town Council |
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Prepared by: |
Cllr Vanessa Churchman and
Rob Owen, Head of Consumer
Protection |
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Date |
5 December 2005 |
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