SUMMARY/PURPOSE
1.
To
receive the Blue Paper on the Consumption of Alcohol in Public Places enquiry
from the Policy Commission for Safer Communities.
BACKGROUND
2.
To deliver a
policy “to introduce an islandwide byelaw to ban the consumption of alcohol on
our streets except for specially approved areas and events” was a manifesto
commitment which the Policy Commission for Safer Communities was tasked with investigating. This commitment was prompted by a desire to tackle alcohol fuelled
anti-social behaviour and acts of crime and disorder.
3.
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 use.
4.
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 banning the consumption of alcohol in public places to cease effect on
the 1 September 2006.
5.
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.
6.
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. Locally, the Police provided evidence to the Commission
to the effect that the Church Litten DPPO is proving to be a valuable tool.
7.
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.
STRATEGIC CONTEXT
8.
Manifesto commitment.
9.
Aim High
The Aim
High Change Management Plan seeks to:
·
‘Create Safer and Stronger Communities’ (paragraph
2.3.3). The Council aims to ‘reduce crime
and the fear of crime and be intolerant of drug and alcohol abuse’ and ‘have well
maintained public places used only for purpose’. The application of evidence based DPPOs will enable
police officers to swiftly and effectively deal with alcohol related
anti-social behaviour, returning public spaces that have become ‘no go areas’
to the community.
10.
Crime and Drug Strategy 2005-2008
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
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.
CONSULTATION
11.
The
Commission has consulted widely through formal and informal meetings, public
advertisement, iwight.com and written correspondence with:
· Town
and Parish Councils,
· Hampshire
Constabulary,
· 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,
· UNISON
·
RTA Associates
FINANCIAL/BUDGET
IMPLICATIONS
12.
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.
LEGAL
IMPLICATIONS
13.
According to
section 17 of the Crime and Disorder Act 1998 the Local Authority ‘need[s] to do all
that it reasonably can to prevent, crime and disorder in its area.’
14.
The procedure
for making a DPPO is prescribed by regulation.
The Local Authority must consult according to such regulation.
OPTIONS
A. To
accept the recommendations set out in the Blue Paper and adopt them as the
basis of policy development.
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. 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.
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.
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.
B. To
refer the matter back to the Policy
Commission for Safer
Communities and request they carry out further work.
C. To defer any decision on this
matter to a future meeting.
D. To do nothing.
EVALUATION/RISK
MANAGEMENT
15.
As the power
to make DPPOs can only be exercised on an evidenced basis and as the result of
an application by the police, DPPOs will only be granted as a response to need
rather than the perception of need.
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RECOMMENDATIONS |
BACKGROUND
PAPERS
17.
Bibliography contained within the Blue Paper.
18.
Policy Commission Blue Paper – Consumption of Alcohol in
Public Places.
Contact
Point : Cllr Vanessa Churchman, Lead Member for enquiry, Policy Commission for
Safer Communities, Tel: 01983 821000 Email: [email protected]
|
MR ROB OWEN Head of Consumer Protection |
COUNCILLOR
BARRY ABRAHAM Cabinet
Member for Safer Communities |