REPORT TO:Development Control and Licensing Committee

AGENDA ITEM NO. 2

REPORT TO:Development Control and Licensing Committee

DATE:18th September 2000

REPORTING OFFICER:Chief Executive

SUBJECT:Byelaws to Control the Consumption of Intoxicating Liquor in Designated Places

WARDS:Boroughwide

1.PURPOSE OF REPORT

To inform Members of the work undertaken to date by the Policy (Alcohol Byelaws) Group.

2.RECOMMENDED that:

(1)Wednesday 25th October 2000 be agreed as the closing date for public consultation; and

(2)a further report be submitted to the Committee at its next meeting in November.

3.SUPPORTING INFORMATION

3.1The Policy Group has initiated an extensive consultation process involving a range of interested and affected parties including the general public. A list of consultees is set out in Appendix 1.

3.2The consultation process has revealed strong support for some controls to be introduced. Respondees have highlighted the depth of concern locally on this issue.

3.3A variety of areas have been identified which could potentially be covered by the Byelaws. They include the town centres, local estates, shop frontages and open space areas. Appendix 2 lists the areas which have been identified to date. Members should appreciate that the mere fact that an area has been identified as a "hot spot" or "problem area" does not necessarily mean that it will automatically be classified as a designated area under the Byelaws. The Policy Group will need to be convinced of the need for designation in each case.

3.4The Policy Group has had two presentations from Councils where Byelaws have been successfully introduced, namely Chester and Blackpool. The key lesson from these experiences is that the Byelaws work and are effective. To secure adoption it is essential to have:

• Proof of need - hard data, detailed logging and gathering of evidence, recording incidents and identifying "hot spots";
• Demonstrable public support;

• A strong partnership with the Police;
• A visible, high impact publicity campaign with effective signage;
• Political leadership prepared to find growth budget funding for signage and associated costs.

3.5The Policy Group is satisfied that the Byelaws can make a difference and are keen to complete the pre-approval work. They have therefore recommended that the 25th October 2000 be agreed as the closing date for public consultation.

3.6The results of the consultation process have highlighted the fragmented and wide ranging nature of the problem in Halton. The high level of geographically distinct incident spots has raised concern that there may be a serious risk of displacement arising with movement from a single designated area to nearby undesignated streets, alleyways and public spaces. To avoid this the Group have requested that a borough wide approach be adopted. The Home Office have indicated that where strong evidence of a significant and wide ranging problem exists a Byelaw which covers the whole of the built-up area of a district or borough can be considered. Tameside were successful in securing this having excluded certain selected areas such as moorland and reservoirs. The Policy Group will need to consider whether with a similar borough-wide approach to control certain areas can reasonably be exempted.

3.7The Policy Group has been advised that if the Council decide to proceed a budget will need to be identified to pay for the cost of signage and publicity. Clear and unambiguous signs would need to be placed at the approaches to designated areas and repeated within them. Early indications are that a minimum of 80 signs may be required at an approximate cost of £5,000. A strong publicity campaign is recommended, the cost of this would be additional to any signage costs.

3.8The practicalities associated with enforcing the Byelaw are being addressed. The model Byelaw under consideration makes it an offence for any person to continue to consume intoxicating liquor in a designated place after being warned by a constable not to do so. The model Byelaw further contains a power for a constable to confiscate any open glass bottle, can or glass where a person refuses to comply with the request to hand over or deposit such bottle, can or glass. The police have indicated that such powers would assist them in combating under-age drinking, reducing public drunkenness and preventing alcohol-related violence.

3.9Police support is essential to secure the Byelaws' enforcement. The police have been closely involved in the work of the Policy Group and a police presentation is scheduled for the next Group meeting on 12th October.

3.10The Policy Group is aware that the Byelaws are not a quick-fix solution. It is acknowledged that the Byelaws will form part of a wider Council strategy to build safer communities through amongst other things changing cultural attitudes. If introduced the Byelaws will merely form one part of the Council’s overall response to the problem. In particular, the Policy Group have recommended that corporate support be given to the Proof of Age Card Scheme being promoted by the Council's Consumer Protection Division.

4.POLICY AND OTHER IMPLICATIONS

4.1Public drunkenness can give rise to serious problems of disorderly conduct, nuisance, criminal damage and alcohol-related assaults. The Byelaws will assist in building safer communities by reducing misbehaviour in specified public places. Weight will be given to human rights considerations. In determining the extent of the designated areas Members will need to be satisfied that the Byelaw controls are necessary and justified.

4.2There are significant costs associated with signage and publicity and if the Council decides to proceed a budget growth item will need to be identified to meet this expenditure.

APPENDIX 1

LOCAL CONSULTATION – CONSULTEES: SUMMARY RESPONSES

Contact

BREWERS

SUPERMARKETS

OFF LICENCES

COUNCILLORS

Temple

Logan

Findon

Hill

Jones B

Ratcliffe

Lowe

Wright

Lloyd Jones

Redican

Waring

Osborne

Murphy

Loftus

Naylor

Cole

Gilligan

Morley J

Jones E

Nolan

Parker

Pearce

Wainwright

Stockton

Parker

McInerney

Reynolds

Cargill D

Hodgkinson

McClure

Harris

Fraser

Broome

Philbin

Clarke

Middlemass

Cargill E

Smith

Morley K

Glover

Moylon

Carter

Gleave

Leadbetter

Nyland

Hodgett

Tyrrell

Pearsall

Polhill

Massey

Nelson

Devaney

Taylor

Swain

Hignett

McDermott

POLICE

Superintendent Helen King

Inspector Clarke

MAGISTRATES’ COURT

Clerk to the Local Licensing Justices

PRIVATE PROPERTY OWNERS

Mr. P. J. Cronin

Halton Homes

House of Names

Mrs. V. Heeley

Bests Estate Agents

H.M. CUSTOMS & EXCISE

HIGHWAY AUTHORITY

RECREATION/COMMUNITY CENTRES

Widnes Resource Centre

Chapelfield Community Centre

Brookvale Recreation Centre

Ditton Community Centre

Castlefields Community Centre

Murdishaw Play Centre

Windmill Hill Play Centre

Woodlands Play Centre

Upton Community Centre

Waterloo Community Centre

Ascot Stores

Denise’s

Newtown Off Licence

The Angel Hotel

The Swan Inn

GENERAL PUBLIC

PRESS RELEASE

Mr. D. E. George – Surrey Street Garage, Runcorn

APPENDIX 2

AREAS IDENTIFIED FROM THE CONSULTATION

RUNCORN

WIDNES

HALE

Consultee

Areas identified

DEV/18/9/8727/AC3