AGENDA ITEM 4
ASSEMBLY
1 DECEMBER 2004
REPORT OF THE DIRECTOR OF CORPORATE STRATEGY
BARKING TOWN CENTRE - PROPOSED
ALCOHOL CONSUMPTION RESTRICTION IN
FOR DECISION
DESIGNATED PUBLIC PLACES
This report recommends the restriction of public drinking of alcohol from bottles or tins
in Barking Town Centre to tackle instances of anti-social behaviour
Summary
As a result of a request by Members, local businesses and users of the Town Centre,
consideration was given to eradicating the nuisance of street drinking. It can lead to
fighting, abuse and vandalism. An effective solution is proposed by utilising the new
power given to the Council under Section 13(2) of the Criminal Justice and Police Act
2001. The Act enables the Council to make an area within Barking Town Centre a
Designated Public Place. Following designation, if a Constable or a Police Support
Officer has reason to believe a person is consuming alcohol in a Designated Place, he
can require the person to stop consuming and surrender the alcohol. Failure to comply
without reasonable excuse is an offence for which a person can be arrested and carries
a £500 maximum fine.
Legislation requires that a decision to make a Designation must be carried out by a full
Council, which for the purposes of the London Borough of Barking and Dagenham is the
Assembly.
Recommendation
That the Assembly uses its powers under Section 13(2) of the Criminal Justice and
Police Act 2001 to make the area within Barking Town Centre identified in the report a
Designated Public Place under the Act.
Contact Officers:
Paul Field
Corporate Lawyer-
Tel: 020 8227 3133
Fax: 020 8227 3698
Solicitor
Email: [email address]
Minicom: 020 8227 2685
Omojefe Agba
Anti-Social Behaviour
Tel: 020 8227 2268
Co-Ordinator
Fax: 020 8227 2998
Email: [email address]
Minicom: 020 8227 2685
Ralph Cook
Town Centre Manager
Tel: 020 8270 6015
Fax: 020 8270 6048
Email: [email address]
Minicom: 020 8227 2685
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1.
Background
1.1
This summer, increasing concern was expressed about the anti-social behaviour of
a variety of individuals within the Town Centre. It was apparent a key cause was
intoxication by the means of public and street drinking of alcohol from bottles and
tins. On 28 June 2004 a meeting was requested with Members, Officers, the
Metropolitan Police and the Drug Support Team.
1.2
The Council’s Community Safety Manager, Mr Elsom, who chaired the meeting,
shared the recent experience that the London Borough of Havering had with
utilising the powers given to it under Section 13 of the Criminal Justice and Police
Act 2001(the "Act"), to designate areas in which alcohol consumption in public
places can be controlled. It had led to a measurable reduction in anti-social
behaviour.
1.3
The meeting agreed in principle that Officers should be directed to investigate the
feasibility and process of the Council adopting similar powers for Barking Town
Centre. This would be with the purpose to make proposals to the Council.
1.4
A Working Group involving Community Safety; Legal Services; Town Centre
Manager; the Police and the Barking & Dagenham Substance Misuse Engagement
Team was set up to progress the matter further.
1.5
The Group examined the problems and incident occurrences together with issues of
enforceability and remedial action. It was agreed, in consultation with the lead
Member, that the designation of the Town Centre would have real potential in
improving the environs and attractiveness of the area. Through consultation with
interested parties including retailers, the community forum, and discussion they
have achieved an agreed area to be the proposed Designated Public Place within
Barking Town Centre.
1.6
The group established that there was substantial evidence of public drinking in the
Town Centre and it was a considerable nuisance. Police reports were received
which identified persons drinking in the town centre who were causing disturbances
and pestering passers-by. As an example - between 3 August and 30 August 2004
the Police recorded 10 incidents. Some of the incidents involved abuse and
substantial discarding of used bottles and cans.
1.7
The proposed Designated Public Place is fully described in the draft Order
appendixed to this report.
2. Legal
Process
2.1
The function of Designation of a Public Place under the Act is an activity, which is
excluded from the powers of an Executive by the Local Authorities (Function and
Responsibilities) Regulations 2000.
2.2
This designation must be made by the Council as Assembly. It must resolve to
make a specified area a Designated Public Place under the Act for which there is
controlled alcohol consumption.
2.3
The legal steps to create a Designated Public Place are as follows:
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(i)
Evidence must be produced to demonstrate that there is a problem in the
proposed Designated Public Place;
(ii)
The Council must consult with the Police and Licensees of any licensed
premises in the proposed Designated Public Place, or whom they may
consider will be affected;
(iii)
The Council takes reasonable steps to consult with the owners or occupiers
of any land identified which may be affected;
(iv)
An advertisement carrying a Notice is placed in a local newspaper,
identifying specifically the place that the Designation will be directed to and
setting out the affect of the Order and inviting representations;
(v) Following
consideration
of the representations from the consultations and
the response to the newspaper, a period of 28 days must be allowed to pass
before making the Order;
(vi)
The Order is made by the Assembly;
(vii)
Following the making of the Order by the Assembly a further Notice is
placed in a local newspaper identifying the place, setting out the effect and
the date of commencement.;
(viii) The Council must ensure that there are sufficient signs for the public to draw
their attention to the place of the effect of the Order;
(ix)
A copy of the Order is sent to the Secretary of State and Police Commander;
(x)
By following these steps the prohibition of alcohol consumption in Barking
Town Centre is complete.
3.
The Practical Effect of the Order
3.1
The effect of the Order is to give the Police the power to require a person in a
Designated Public Place not to drink alcohol in that place where the Police Officer
reasonably believes the person is, has, or intends to, drink alcohol. Further they
must surrender up to the Police Officer, any other alcohol containers in their
possession. Failure to comply with an Officer’s requirement in respect of public
drinking or surrender of alcohol without reasonable excuse, is an arrestable offence.
3.2
A Police Support Officer can also exercise this power. A person guilty of such an
offence would be liable on summary conviction to a fine not exceeding Level 2 on
the Standard Scale, which is £500.
3.3
A copy of the Notice is to be found at Appendix 1 of this report. A copy of the
proposed Order can be found at Appendix 2 to this report. A copy of the proposed
sign is to be found at Appendix 3 of this Report.
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3.4
The legislation requires that proper notice is given before the Order shall be
effective. An advertisement has been prepared and signs are ready. It is proposed
the effective date is 20 December 2004.
4.
Recommendation
4.1
This matter has been referred to the Executive. On 26 October it has resolved to
recommend that the Assembly uses its powers under Section 13(2) of the Criminal
Justice and Police Act 2001 to make the area identified in this report within Barking
Town Centre a Designated Public Place under the Act and that the effective date be
20 December 2004.
Supporting documentation
crimereduction.gov.uk
Alcohol Consumption in Public – Toolkit
Criminal Justice and Police Act 2001
Those Consulted
Barking & Dagenham Substance Misuse Team
Metropolitan Police Service
Town Centre Manager
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