CONTROLLED DRINKING ZONE
IMPLEMTATION PROTOCOL
1. Introduction
1.1. Sections 12-16 of the Criminal Justice and Police Act 2001 provide local
authorities with an adoptive power to restrict anti-social public drinking and
they provide the Police with the power to enforce this restriction. The penalty
is a maximum fine of £500.
The Act empowers the police to confiscate open containers of alcoholic drinks
within the designated zone. The power is discretionary and does not mean
that anybody with any alcohol container, opened or not, is liable to have it
confiscated, but is aimed at those involved in Anti-social behaviour. The
power does not extend to existing licensed premises, or those, which hold
temporary licences.
1.2. Evidence of anti social behaviour related to street drinking across
Camden was based on complaints received by the police and within
Community Safety from local residents, business groups and Councillors and
particularly in relation to South End Green, Queens Crescent, the West End,
Kilburn Grange Park and Lincolns Inn Fields.
1.3. The following protocol is designed to ensure an effective response to anti
social behaviour related to street based consumption of alcohol by street
drinkers. This will be assisted through communication between Camden
police officers implementing the Controlled Drinking Zone (CDZ) powers
through the Safer Neighbourhood cluster groups that cover the borough,
which will oversee the use of the CDZ powers and collection of enforcement
data. Community Safety and Street Population officers will attend these
meetings.
1.4. Camden has a well-developed Street Services Team that engages with a
range of other agencies, service providers including the police through the
‘Tasking and Targeting’ (T&T) structure. In the case of street population
street drinkers a detailed case plan structure will apply for individual clients,
agreed through the Tasking and Targeting (T and T) structure. The T&T
structure is a multi agency panel consisting of statutory and other service
providers who monitor the behaviour of individual clients, track their
movements, assess their needs and agree service interventions.
1.5. The implementation of a borough wide CDZ will allow considerable
flexibility for the police in terms of the range of enforcement tools at their
disposal. The police will also be able to utilise these enforcement powers to
deal with potential episodes of crime or violence from both street and leisure
drinkers.
1.6. Street and leisure drinking is not categorised separately in terms of
enforcement measures. The police have stressed that a degree of
commonsense will be utilised in enforcement of the powers and that action
toward leisure drinkers would be enforced in situations where it is perceived
that there is a potential increased risk of violence or crime. CDZ powers also
support the enforcement approach adopted in implementing the Licensing Act
2003.
1.7. The protocol relates to both types of street drinking i.e. street population
drinkers being those who invariably have an addiction to alcohol consumption,
may be registered for alcohol related services, are often hostel based and
may be homeless. They often congregate in particular open spaces for the
purposes of street drinking. Leisure drinkers are those who are unlikely to
have chronic alcohol misuse problems, have been termed binge drinkers or
may those who are moving from bar to bar, queuing at nightspots or are
generally walking the streets.
1.8. It is the policy of Camden to engage with the former, offer appropriate
services through the Street Services team and T&T’s and for the police to
enforce the CDZ powers in conjunction with the offer these services. There
are no such services for the latter type of street drinker who will be dealt with
on a case-by-case basis. It is intended that only those persons engaged in
some form of anti social behaviour whereby harassment, alarm or distress
has or may be caused to other members of the public would be enforced
against using these powers.
1.9. The area covered by the borough-wide CDZ would exclude Hampstead
Heath, which is the responsibility of the Corporation of London and the Royal
Parks i.e. Regents park and Primrose Hill, which is the responsibility of the
Secretary of Sate for Culture, Media and Sport (managed through the Royal
Parks (TRP)).
2. General Enforcement of the CDZ powers.
2.1. Sections 12-16 of the Criminal Justice and Police Act 2001 provide local
authorities with an adoptive power to restrict anti-social public drinking and
they provide the Police with the power to enforce this restriction. The penalty
is a maximum fine of £500.
• The Act empowers the police to confiscate open containers of alcohol
drinks within the designated zone.
• The power is discretionary and does not mean that anybody with any
alcohol container, opened or not, is liable to have it confiscated, but is
aimed at those involved in Anti-social behaviour.
• The power does not extend to existing licensed premises or those,
which hold temporary licences. This includes the curtilage of premises
that extend onto the footway e.g. al fresco restaurant facilities, table
drinking outside licensed premises.
• The power is not enforceable within the Royal parks (Regents park and
Primrose Hill) or Hampstead Heath.
• The power is not intended to be used against those persons
consuming alcohol in the following circumstances (unless engaged in
anti social behaviour).
Those drinking alcohol outside licensed premises e.g. in hot weather or
to smoke where there is a smoking ban.
Picnics in parks and open spaces.
3. Specific Arrangements for ‘Street Population street drinkers.
3.1. It is acknowledged that in practice, it will not always be possible to
implement the CDZ powers completely within the enforcement framework
provided by the T and T. This protocol is designed to use the discretionary
nature of the powers positively. This is in an effort to ensure that the powers
are implemented within the T and T framework as often as possible, and that
appropriate information is shared with the T and T when this does not happen.
3.2. Camden Police agree to operate the CDZ powers in relation to ‘street
population’ street drinkers taking into account the factors listed below;
1) The implementation of the CDZ powers should be focussed on those
clients who have been recorded as street drinking within the zone, at
either of the appropriate T and T meetings.
2) The powers should be further targeted at those clients who have
consistently refused offers of service intervention, or who have
accepted them without reducing their street drinking or attendant street
activity.
3) The police action taken with regards to the CDZ with these clients will
be taken back to the appropriate T and T. This will form part of the
evidence base as regards decisions around future service and
enforcement options (such as Acceptable Behaviour Agreements and
Anti-Social Behaviour Orders). Camden Police will take the revised T
and T case plan into account with regards to any further use of the
CDZ powers on the individual although nothing in this protocol affects
police discretion to use these enforcement powers in appropriate cases
e.g. witnessed anti social behaviour or complaints received.
4) The powers may be used against clients street drinking within the
zone, who are not recorded on the T and T list. This may be because
the client is new to or has recently returned to the area, is associating
with other known street drinkers, or has avoided services in the past.
In these cases, the information on these clients will be taken to the
appropriate T and T. Service providers will target the client for contact,
in an effort to agree a case plan and access them into services as
appropriate. The T and T will monitor the case; this will include any
further use of CDZ powers against the individual.
5) The SST will attend the (monthly/2 monthly) Safer Neighbourhood
cluster meetings and provide a report on the number of referrals and
engagements with street drinkers. Any issues of prioritisation,
displacement or concerns in the implementation of the protocol will be
agreed by the meeting. Decisions and actions will be minuted at these
meetings.
6) The SST (Head of Street Population Services) will arrange with the
various police teams joint designated CDZ patrols on a monthly basis,
to assist with the flow of information described above.
4. Monitoring and Data Collection
4.1. Performance data will include;
• number
of
seizures
and’ pour away’s’,
• numbers of street drinkers coming to notice, including ethnicity
data,
• details of displacement,
• numbers accessing services through the T&Ts,
• number of ABAs and ASBOs,
• street drinking returns from the monthly street activity surveys
(Camden Town and West End) and community audits.
4.2. Police will record details of all seizures and acts of pouring away alcohol
on the Crimint database under QQCDZ.
5. Review
5.1. This protocol will be reviewed by Community Safety every 12 months as
part of the annual performance discussions.
5.2. The CDZ powers have been subject to an Equality Impact Assessment,
which will be reviewed as above after 12 months.
No.
Borough Wide Controlled Drinking Zone signage in Camden
Road Name
Location
Comments
1 Argyle Square
LC 01
o/s # 36
2 Argyle Square
LC 02
opp # 39 Garden Side
3 Argyle Square
LC 10
opp # 10 Garden Side
4 Argyle Square
LC 14
opp # 20 Garden Side
5 Arlington Road
LC 08
o/s # 87
6 Arlington Road
LC 01
Corner of Mary Terrace & Arlington Road
7 Arlington Road
LC 12
o/s # 131
8 Arlington Road
LC 14
o/s # 161
9 Arlington Road
LC 13
Corner of Underhill Street
10 Bartholomew Villas
LC 04
o/s # 42
11 Bayham Street
LC 02
opp # 146
12 Bayham Street
LC 03
o/s # 144 (corner)
13 Bayham Street
LC 03
o/s # 142a
14 Bayham Street
LC 04
o/s Gen Hospital opp # 116-134
15 Bayham Street
LC 04
Greenland Rd o/s # 9
16 Bayham Street
LC 05
Greenland Rd o/s # 17
17 Bayham Street
LC 07
Greenland Rd o/s/# 39
18 Bayham Street
LC 03
Plender St/King's Terr o/s # 8
19 Bayham Street
LC 04
Corner opp Ravenscar
20 Bedford Square
LC 30
Adeline Place o/s # 40
21 Bedford Square
LC 01
Bayley St Gdn side nr # 25
22 Bedford Square
LC 14
Garden side opp # 10 Gower St
23 Bloomsbury Square Gardens
LC 08
Garden side opp # 22
24 Bloomsbury Square Gardens
LC 09
Garden side opp # 23
25 Bloomsbury Square Gardens
LC 18
Garden side opp # 45
26 Brunswick Square Gardens
LC 01
Crnr of Hunter St opp O'Donnell Centre Car Pk
27 Brunswick Square Gardens
LC 13
Garden side opp 29-39
28 Brunswick Square Gardens
LC 16
Garden side opp # 40
29 Brunswick Square Gardens
LC 08
Entrance to Gdns opp cinema
30 Brunswick Square Gardens
LC 02
Gdn side opp Bernard St
31 Brunswick Square Gardens
LC 01
Bernard St by Halls of Res U of London
32 Brunswick Square Gardens
LC 09
o/s # 49 Marchmont St
33 Brunswick Square Gardens
LC 01
By playground on Handel St/Kenton St
34 Brunswick Square Gardens
LC 06
Jnct of Coram & Marchmont by Foundling Crt
35 Buck Street
LC 01
opp Buck's Head by Camden Mrkt
36 Buck Street
LC 02
opp Stucely Place
37 Buck Street
LC 03
o/s infant school
38 Buck Street
LC 04
by corner of church
39 Buck Street
LC 04
corner of Kentish Town Rd & Buck St
40 Camden Gardens
LC 02
opp # 166 Camden St
41 Camden Gardens
LC 09
opp # 47 Kentish Town Rd
42 Camden Gardens
LC 01
o/s 53-55 Camden Gdns
43 Camden Gardens
LC 02
o/s 29-31 Camden Gdns
44 Camden Gardens
LC 08
o/s 140-146 Camden St
45 Camden Gardens
LC 09
next along Camden St by Shirley House
46 Camden High Street
LC 01
o/s Camden Palace
47 Camden High Street
LC 04
o/s # 6
48 Camden High Street
LC 07
o/s #14
49 Camden High Street
LC 14
o/s PO on Crowndale Rd
50 Camden High Street
LC 02
o/s PO on Eversholt St
51 Camden High Street
LC 02
o/s Milbrook Place Mornington Crescent Island
52 Camden High Street
LC 08
o/s # 29
53 Camden High Street
LC 10
o/s # 51a
54 Camden High Street
LC 11
o/s # 52-56
55 Camden High Street
LC 12
o/s # 67
56 Camden High Street
LC 14
o/s # 87
57 Camden High Street
LC 16
o/s # 109a (pub)
58 Camden High Street
LC 26
central island by station opp bank
59 Camden High Street
LC 27
corner by station o/s bank
60 Camden High Street
LC 28
o/s # 191-201
61 Camden High Street
LC 29
o/s/ # 178-182
62 Camden High Street
LC 02
corner of # 213-219
63 Camden High Street
LC 30
o/s # 190
64 Camden High Street
LC 01
o/s # 221
65 Camden High Street
LC 32
o/s # 235 opp Buck's Head
66 Camden High Street
LC 34
o/s Elephant's Head Pub
67 Camden High Street
LC 37
o/s # 250
68 Camden High Street
LC 39
canal bridge close to # 250
69 Camden High Street
LC 38
Hampstead Rd Bridge opp # 250
70 Camden High Street
LC 42
Hampstead Rd Bridge just past bridge by # 200-218
71 Camden High Street
LC 02
o/s # 200-218
72 Camden High Street
LC 23
corner o/s # 10 Castlehaven Rd
73 Camden High Street
LC 21
Castlehaven Rd opp Hawley Arms Pub
74 Camden High Street
UP4
opp # 13-14
75 Camden High Street
LC 12
opp # 48
76 Camden High Street
LC 13
o/s pub # 49
77 Camden High Street
LC 14
opp # 56
78 Camden Road
LC 03
o/s # 11 Bonny St
79 Camden Road
LC 17
o/s # 41
80 Camden Road
LC 24
under bridge on Royal College St
81 Camden Road
LC 04
o/s # 18
82 Camden Road
LC 05
o/s St Michael's Church
83 Camden Road
LC 07
o/s # 17
84 Camden Road
LC 06
o/s # 32
85 Camden Road
LC 11
o/s Shirley House opp # 64
86 Camden Road
LC 14
o/s # 82
87 Carol Street
LC 02
diagonally across from # 24 in corner
88 Carol Street
LC 03
o/s # 17
89 Carol Street
LC 16
By playground opp # 94 Camden St
90 Clerkenwell Road
LC 08
(Vine Hill) o/s # 160/162
91 Earlham Street
LC 06
On Corner o/s Earlham House
92 Earlham Street
LC 01
o/s # 2 Shorts Gardens
93 Endell Street
LC 01
o/s # 83
94 Endell Street
LC 04
o/s # 50/51
95 Endsleigh Gardens
LC 06
Crn of Euston Rd & Upper Woburn Plc
96 Endsleigh Gardens
LC 04
opp jnctn of Endsleigh Gdns & Upper Woburn Plc
97 Endsleigh Gardens
LC 06
opp # 30
98 Endsleigh Gardens
LC 05
o/s Thorne House crnr of E Gdns & Endsleigh St
99 Endsleigh Gardens
LC 04
o/s # 14-14 YWCA
100 Endsleigh Gardens
LC 03
opp jnctn of Taviton St
101 Endsleigh Gardens
LC 01
Crnr of Ends Gdns & Gordon St by Dayton Hs
102 Endsleigh Gardens
LC 06
Crnr of Gower Place/Gordon St
103 Eversholt Street
LC 10
O/S # 174
104 Eversholt Street
LC 14
St Marys Church next to # 130
105 Eversholt Street
LC 15
opp # 130 day centre
106 Eversholt Street
LC 01
opp St Aloyisious/garage # 88
107 Eversholt Street
LC 21
opp # 72-76
108 Eversholt Street
LC 22
o/s # 64
109 Eversholt Street
LC 24
o/s 42-44
110 Eversholt Street
LC 25
opp # 34
111 Eversholt Street
LC 27
base of stairs opp Lancing St
112 Eversholt Street
LC 29
opp Grafton Pl by bus lane
113 Eversholt Street
LC 01
Euston Sq opp Fire Station
114 Fitzroy Square
LC 01
crnr w/Conway St opp # 18
115 Fitzroy Square
LC 11
crnr w/Conway St opp # 2
116 Gaisford Street
LC 01
opp # 1a
117 Gray's Inn Road
LC 38
By Island o/s # 241
118 Gray's Inn Road
LC 37
opp # 294
119 Gray's Inn Road
LC 36
o/s # 284-286
120 Gray's Inn Road
LC 35
crnr of Sidmouth St
121 Gray's Inn Road
LC 31
o/s 179/181
122 Gray's Inn Road
LC 28
o/s # 252 (Pub)
123 Gray's Inn Road
LC 25
o/s # 123-129
124 Gray's Inn Road
LC 17
o/s # 144-148
125 Gray's Inn Road
LC 16
o/s pub on corner w/Clerkenwell Rd opp 132-134
126 Gray's Inn Road
LC 04
crnr opp # 14-22
127 Hampstead High Street
LC 06
o/s PO # 78-81
128 Haverstock Hill
LC 10
o/s # 193
129 Haverstock Hill
LC 11
o/s # 194
130 High Holborn
LC 04
o/s # 20 near Pub
131 High Holborn
LC 02
opp 4-13
132 High Holborn
LC 01
crnr of # 4-13 by subway
133 High Holborn
LC 02
o/s # 50 by obelisk
134 High Holborn
?
o/s/ # 147 by War Memorial
135 Inverness Street
LC 06
o/s # 36a
136 Inverness Street
LC 05
o/s Pub # 30
137 Inverness Street
LC 04
Crnr of Bingo Hall
138 Inverness Street
LC 03
o/s # 2
139 Jamestown Road
LC 07
Opp jnctn of Arlington Rd
140 Jamestown Road
LC 10
o/s Oxford Arms Pub
141 Kentish Town Road
LC 01
Jcnct w/ Wolesey Mewso/s bank on Caversham Rd
142 Kentish Town Road
LC 37
o/s Kentish Town Stn
143 Kentish Town Road
LC 39
up frm Stn o/s shelter on crnr of KT Rd
144 Kentish Town Road
LC 01
o/s Pub on crnr/jnctn of Kent Twn Rd & Camden Rd
145 Kentish Town Road
LC 02
o/s # 7
146 Kentish Town Road
LC 06
o/s # 31 near Pub
147 Kilburn High Road
LC 02
back of Natnl Club crnr of Grangeway & Tennis Crt
148 Kilburn High Road
LC 02
Hemstal Rd twrds Linstead St opp # 54 Parkside
149 Kilburn High Road
LC 28
KHR o/s # 220
150 Kilburn High Road
LC 19
o/s # 144-142
151 Kilburn High Road
LC 07
o/s # 52
152 King's Cross Road
LC 01
Pentonville Rd/York Way on King's Cross Island
153 King's Cross Road
LC 02
York Way by Police Office opp KX Island
154 King's Cross Road
LC 07
o/s # 309 Gray's Inn Rd
155 King's Cross Road
LC 01
Crnr of St Chadd's Pl opp # 13 /Grays Inn Rd
156 King's Cross Road
LC 01
O/S # 207-215 K X Rd
157 King's Cross Road
LC 03
o/s # 189
158 King's Cross Road
LC 04
o/s Welsh Church
159 King's Cross Road
LC 06
o/s 150-158
160 King's Cross Road
LC 07
o/s Pub next to # 165-167
161 King's Cross Road
LC 09
o/s # 153
162 King's Cross Road
LC 10
o/s # 114
163 King's Cross Road
LC 08
o/s # 1 Grt Percy St crnr w/ KX Rd
164 King's Cross Road
LC 07
o/s # 2 Frederick St crnr w/K X Rd
165 Kingsway
LC 03
o/s # 94 holborn stn
166 Kingsway
LC 02
o/s # 125-129
167 Lamb's Conduit Street
LC 10
crnr of Grt Ormond St o/s # 68 Lamb's Cond St
168 Lincoln's Inn Fields
LC 19
opp island o/s Imperial Cancer research Fund Bldg
169 Lincoln's Inn Fields
LC 23
opp # 59 Lindsey House
170 Lincoln's Inn Fields
LC 26
crnr opp # 86 Powis House
171 Lincoln's Inn Fields
LC 05
Canada Walk opp # 14
172 Lincoln's Inn Fields
LC 14
Opp Library
173 Lincoln's Inn Fields
LC 17
crnr Opp Library
174 Malet Street
LC 24
o/s ULU
175 Monmouth Street
LC 01
o/s # 1
176 New Compton Street
LC 02
Pendrell House by steps to Playground
177 New Compton Street
LC 03
crnr w/ St Giles Passage
178 New Oxford Street
LC 17
o/s # 38
179 New Oxford Street
LC 10
o/s # 55-59
180 New Oxford Street
LC 02
o/s # 118-132 by steps to subway
181 New Oxford Street
LC 03
o/s Centrepoint # 103
182 Oakley Square
LC 06
Crnr of Eversholt St & Oakly Sq
183 Oakley Square
LC 09
Crnr of Eversholt St & Oakly Sq
184 Oakley Square
LC 08
Crnr of Eversholt St & Oakly Sq
185 Oakley Square
LC 07
Oakly Sq opp # 70
186 Oakley Square
LC 06
Oakly Sq o/s # 64
187 Oakley Square
LC 05
Oakly Sq opp # 58
188 Oakley Square
LC 03
Oakly Sq opp # 50
189 Oakley Square
LC 01
Crowndale Rd/Oakly Sq - The Lodge
190 Oakley Square
LC 07
Crowndale Rd/Oakly Sq - The Lodge
191 Oakley Square
LC 01
Godwin Court
192 Oakley Square
LC 04
Oakly Sq
193 Oakley Square
LC 06
Oakly Sq
194 Parker Street
LC 13
crnr w/ Drury Lane
195 Parker Street
LC 07
o/s # 25-37
196 Parker Street
LC 04
crnr w/Newton St
197 Parker Street
LC 01
o/s Pub @ # 51
198 Parkway
LC 03
opp # 16-24
199 Queen's Crescent
LC 16
crnr of QC & Allcroft Rd
200 Queen's Crescent
NN002
crnr of QC & Ashdown Cres by Community Centre
201 Queen's Crescent
LC 13
crnr of QC & Malden Rd
202 Queen's Crescent
LC 17
crnr of QC & Ashdown Cres
203 Queen's Crescent
NN001
Ashdown Cres opp Sheltered Housing
204 Queen's Crescent
LC 20
QC & Grafton Rd opp Pub
205 Queen's Crescent
LC 23
Grafton Rd crnr of QC o/s Pub
206 Queen's Crescent
LC 18
QC & Weedington Rd
207 Queen's Crescent
LC 14
Weedington Rd twrds back of Library
208 Red Lion Square
LC 02
jnctn w/ Proctor St opp Uni of Westminster
209 Red Lion Square
LC 07
jnctn w/ Princeton St o/s # 1-12
210 Regent's Park Road
LC 02
centre of bridge after # 200
211 Regent's Park Road
LC 09
o/s # 115-119
212 Regent's Park Road
LC 33
o/s # 33 by Grafton Bridge
213 Regent's Park Road
LC 32
o/s Vernon House by Canalside Walk
214 Russell Square
LC 16
crnr opp # 44
215 Russell Square
LC 22
crnr opp # 30
216 Russell Square
LC 23
crbr o/s # 24
217 Russell Square
LC 27
opp bus shelter o/s Gvt Ofcs
218 Russell Square
LC 02
opp # 1-8
219 Russell Square
LC 04
opp # 67-72
220 Russell Square
LC 10
opp Imperial Hosp
221 Russell Square
LC 13
crnr w/ Bedford opp # 82
222 Shaftsbury Avenue
LC 02
o/s # 117
223 Shorts Gardens
LC 07
o/s # 23
224 Shorts Gardens
LC 11
o/s # 29
225 Shorts Gardens
LC 12
o/s # 34-42
226 South End Green
LC 16
Pond St/S E Grn by Statue
227 South End Green
LC 01
Crnr of Statue by Fleet Rd
228 South End Green
LC 16
Crnr of Elm Terrace
229 South End Green
NN001
Crnr of S E Rd by Station
230 St Gile's High Street
LC 13
Island w/Andrew Border St
231 St Gile's High Street
LC 09
232 St Gile's High Street
LC 14
jnctn w/ Princes Circus
233 St Gile's High Street
LC 45
on island jnctn w/ Princes Circus
234 St Gile's High Street
LC 46
opp island
235 St Gile's High Street
LC 11
o/s 190 Shaftsbury Ave
236 St James' Gardens
LC 18
o/s # 108 Hampstead Rd (Margret Centre)
237 St James' Gardens
LC 20
o/s # 110-112 National Temperance Hosp
238 St James' Gardens
LC 07
o/s # 43 Cardington St (Thistle Hotel)
239 St James' Gardens
LC 09
between park entrances on Cardington St
240 St James' Gardens
LC 11
by park entrance on Cardington Street
241 St James' Gardens
LC 13
o/s hotel crnr of Drummond/Cardington/Melton St
242 St James' Gardens
LC 02
Starcross St opp # 15/16
243 Tavistock Square
LC 02
Crnr of Tav Sq & Endsleigh Pl (Tav Crt Side)
244 Tavistock Square
LC 08
opp Gvt Ofc # 1-6 Tav Sq
245 Tottenham Court Road
LC 18
o/s Warren St Stn on crnr of Tott Crt Rd
246 Tottenham Court Road
LC 20
o/s # 177/178 opp Howland St
247 Tottenham Court Road
LC 07
o/s # 260 YMCA
248 Tottenham Court Road
LC 09
o/s # 269 by steps to subway
249 Wellesley Road
LC 08
o/s # 115
250 Whitefield Street
LC 10
opp # 45-61 o/s Whitefield Cong Church
LC = Lamp Column
Agenda Item No:
LONDON BOROUGH OF CAMDEN
WARDS: All
REPORT TITLE: Implementation of Camden Borough wide Controlled
Drinking Zone (CDZ) HASC/2006/14
REPORT OF: Director of Housing & Adult Social Care
FOR SUBMISSION TO: Overview and Scrutiny
DATE: 15th March 2006
Commission on 4th April 2006 and Executive on 5
April 2006
SUMMARY OF REPORT:
This report provides information on the proposals for a Borough wide CDZ,
following a successful pilot in Camden Town, for discussion and comment by the
Executive. The report sets out details of the consultation process conducted and
legal requirements for the establishment of a Camden Borough wide CDZ.
The decision to implement a borough wide CDZ is a non- Executive decision and
will be considered by a Chief Officer on 6th April 2006 following the Executive
meeting.
Local Government Act 1972 – Access to Information
CDZ monthly monitoring reports: November 2004 to September 2005
CDZ Perception Survey: Aug 2005
CDZ Mapping Study: June 2004, June 2005
Stakeholder Interviews: November 2004, April 2005, August 2005
Contact Officer:
Tony Brooks - Housing & Adult Social Care Department (Community Safety)
Bidborough House, London WC1H 9BF
Telephone: 020 7974 3045
email:
[email address]
RECOMMENDATIONS:
The Overview and Scrutiny Commission is asked to comment on the proposals
for a Borough wide CDZ.
The Executive is asked to comment upon and indicate support for the proposed
Borough wide CDZ.
Signed by Director (Housing & Adult Social Care)………………………….
Date ………23rd March 2006……………………………
1. Introduction
1.1 Camden Town is currently subject to a Controlled Drinking Zone (CDZ), which began as a
pilot in November 2004. The Camden Town CDZ was subject to extensive monitoring from
November 04 – November 05 as well as an evaluation of the monitoring and perception
surveys also undertaken during that time.
1.2 As part of the Stakeholder Interviews and Perception Survey conducted at intervals
throughout the pilot period there was significant support for Camden taking forward a
borough-wide CDZ option. In the Perception survey, conducted in August 2005, 81% of
respondents said that they agreed with the council’s approach to tackle street drinking. All
of the stakeholders suggested that the CDZ should continue.
1.3 The pilot CDZ reviewed the impact that a Zone would have on levels of crime and anti-
social behaviour, attributed to street drinkers, occurring around the Camden Town area.
Additionally, the pilot has also monitored the effect of the Zone as a means of encouraging
street drinkers to take advantage of support services. It was agreed by officers and the
police that a CDZ is effective in its achievements and has been a valuable resource for use
by the Police as part of the raft of measures at their disposal.
1.4 Under the Criminal Justice and Police Act 2001 a CDZ allows the police the power to
remove alcohol from anyone who is carrying it on the street. For the purposes of the pilot
these powers were targeted at “street drinkers” in the pilot area as opposed to “leisure
drinkers,” e.g. those moving from bar to bar. It is intended that a borough wide CDZ would
not be limited by those restrictions, that the power would be available to the police to target
both “street drinkers” and “leisure drinkers”. For the purposes of this report the term ‘street
drinking’ will refer to both these categories unless specified.
1.5 The current Camden CDZ model offers support to street drinkers in the form of outreach
and assistance services, such as the Wet Service in Camden Town. The Wet Service,
which provides medical and dependency services to street drinkers, is supported through
funding from Housing & Adult Services’ Homelessness Strategy Implementation Grant,
secured through the ODPM and funding from Culture & Environment’s Liveability Project.
The total contribution for 2005/06 is £195,000 to provide core funding for the Wet Service.
An additional £20,000 was given to the Wet Service in 2004/05 for part-time funding of a
dependency worker. Liveability funding for the Wet Service will cease from April 2006,
however, the Homelessness Strategy Implementation Grant will cover Wet Service costs
for 2006/07. Mainstream funding will need to be sourced for future years.
1.6 Camden has a well-developed Street Services Team that engages with a range of other
agencies, service providers including the police through the ‘Tasking and Targeting’ (T&T)
structure. This service will clearly continue but there is no intention to replicate the Wet
Service model outside of Camden Town. The borough wide CDZ will be an enforcement
led model based upon clearly defined support services accessed through the ‘Street
Services Team and T&T meetings. Evidence shows that the joint working between the
Police and the Council has been very effective. Those street drinkers (as opposed to
leisure drinkers) who have alcohol confiscated from them have their details passed to the
T&T meetings. This enables them to be tracked through treatment, support and
enforcement action to ensure that interventions are targeted and appropriate. T&T
operational working arrangements exist throughout Camden and a borough-wide CDZ
would look to maintain the role of the T&T in this respect.
1.7 Full details of the pilot were contained in the report to the Executive (Environment) Sub
Group dated, 17th January 2006.
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2. Evidence to support a Borough Wide CDZ
2.1 Sections 12-16 of the Criminal Justice and Police Act 2001 provide local authorities with an
adoptive power to restrict anti-social public drinking and they provide the Police with the
power to enforce this restriction. The penalty is a maximum fine of £500. The Act
empowers the police to confiscate open containers of alcoholic drinks within the designated
zone. The power is discretionary and does not mean that anybody with any alcohol
container, opened or not, is liable to have it confiscated, but is aimed at those involved in
Anti-social behaviour. The power does not extend to existing licensed premises, or those,
which hold temporary licences.
2.2 The Local Authorities (Alcohol Consumption in Designated Public Places) Regulations
2001 (”the Regulations”) set out the procedures to be followed by Local Authorities in
designating public places for this purpose.
2.3 Regulation 10 of the Regulations amends other existing regulations to the effect that the
function of designating places as Controlled Drinking Zones remains with the Council and is
not an executive decision. Non-executive decisions can be taken by Council or committees
with appropriate delegations to Officers. The decision to implement a borough wide CDZ is
a non- Executive decision which is currently not reserved to any committee of the Council
and will be taken by a Chief Officer on 6th April 2006 following the Executive meeting.
2.4 To make an order, the local authority must be satisfied that pubic nuisance, annoyance or
disorder has been associated with public drinking in the area concerned.
2.5 There has been ample evidence of anti social behaviour related to street drinking across
Camden. A number of complaints have been received by the police and within Community
Safety from local residents, business groups and Councillors concerning street drinking
particularly in relation to South End Green, Queens Crescent, the West End, Kilburn
Grange Park and Lincolns Inn Fields.
2.6 Approximately 32% of all violent crime between April 2005 to August 2005 is linked to
alcohol consumption. That is an increase of 278 incidents (34%) over the last three months
as compared to the previous year, involving mostly Actual Bodily Harm and Harassment
offences. 33% of those incidents occurred on the street. Up to a quarter of all alcohol-
related violence is estimated to take place in and surrounding Camden Town. Other
locations within the data include Holborn, Kings Cross, Gospel Oak, Kentish Town, Kilburn
and West Hampstead.
2.7 ‘Camden Talks Panel’ (1268 existing members) conducted an exercise between 2nd
November and 9th December 2005 regarding alcohol related crime and behaviour in
Camden.
71% of respondents thought that people being drunk or rowdy in public places in Camden
were a very or fairly big problem.
Over 60% of respondents believed that ‘cans and bottles’ deposited in streets and gardens
and noise arising from those drinking in the streets were a problem in the local area.
Drinking in parks and open spaces by homeless or alcoholic persons were seen as a
problem by 54% of respondents and 45% thought that there was a problem with
intimidating and abusive street drinking.
Only 4% of respondents didn’t think there was any problem with rowdy drinking.
50% of respondents would like to see more enforcement on those who drink and behave
anti socially and 34% wanted a ban introduced on alcohol in the streets.
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3. Proposal to designate the whole borough as a CDZ.
3.1
The implementation of a borough wide CDZ will allow considerable flexibility for the police
in terms of the range of enforcement tools at their disposal. The existing approach
undertaken in the pilot CDZ will be the basis for a borough police and council
enforcement. The police will also be able to utilise their enforcement powers for dealing
with potential episodes of increased risk of crime or violence from both street and leisure
drinkers.
3.2
In terms of long-term policing the police have stated that they are confident that they can
continue to adequately resource the current CDZ boundary to its current levels.
3.3
The terms of the current Designation Order within Camden Town are:
The constable (police officers and community support officers) may require the person
concerned-
a)
not to consume in that place which is or which the constable reasonably
believes to be, intoxicating liquor;
b)
to surrender anything in his possession, which is, or which the constable
reasonably believes to be, intoxicating liquor or a container for such liquor.
c)
a constable may dispose of anything surrendered to him under subsection 2 in
such a manner as he considers appropriate.
It is intended that this Order be implemented across Camden.
3.4
A CDZ covering the whole of the borough will provide a sound basis to deal with the
problems of street drinking generally within Camden. They will allow the police to utilise
CDZ powers as an enforcement tool for all aspects of drinking. The area covered by the
borough-wide CDZ would exclude Hampstead Heath, which is the responsibility of the
Corporation of London and the Royal Parks i.e. Regents park and Primrose Hill, which is
the responsibility of the Secretary of Sate for Culture, Media and Sport (managed through
the Royal Parks (TRP)). Officers recognise the importance of ensuring that there are
effective liaison arrangements with the both agencies to deal with any issues around
drinking in these Parks.
3.5
Street and leisure drinking would not be categorised separately in terms of enforcement
measures. The police have stressed that a degree of commonsense will be utilised in
enforcement of the powers and that action toward leisure drinkers would be enforced in
situations where it is perceived that there is a potential increased risk of violence or crime.
CDZ powers also support the enforcement approach adopted in implementing the
Licensing Act 2003.
3.6
Within Camden Town the CDZ would continue to focus on providing support services for
street drinkers, however, it should be noted that borough-wide the council and police
cannot provide the same level of enforcement or support services as currently seen in
Camden Town. The full roll-out of Safer Neighbourhoods across the borough from 1st
April 2006 will mean however that the police will be able to target specific areas where
street drinking is occurring should local residents decide that street drinking is one of the
key priorities that they wish the police to deal with in their area. In addition the Tasking
and Targeting structure is borough wide enabling the Street Services team to respond to
reports of street drinking from the police or other agencies.
3.7
It should be noted that there are no designated wet services commissioned to provide
centre-based support street drinkers other than in Camden Town. The costs, planning
and consultation difficulties in establishing additional wet centres would be very
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substantial. However, the Street Services Team will continue to take the lead across the
Borough in enabling street drinkers to access a range of treatment and housing
interventions appropriate to their needs.
3.8
The Stakeholder analysis also found that the general public were not well-informed about
the enforcement of the CDZ. A communications plan will be put in place, particularly
around hotspots.
3.9
The Camden Town CDZ pilot will terminate when the borough wide model is
implemented.
4. Enforcement and the Enforcement Protocol
4.1 The implementation of a borough-wide CDZ will be supported by a new enforcement
protocol agreed between the police and the council (Community Safety and Street Services
team) so that CDZ powers are actively and appropriately used. The current enforcement
protocol was set up between the police and the council as a joint-agreement to underwrite
the partnership approach.
4.2 Operationally,
enforcement
and monitoring will be supported through the T&T meetings that
cover the whole borough and will also take account of the roll-out of the Safer
Neighbourhood scheme and how this can be utilised for enforcement purposes.
4.3 Camden and the police would continue to conduct monthly joint-patrols in areas where
there are high concentrations of public drinking. These shifts will also be co-ordinated
through the T&T.
4.4 Performance data being considered will include number of seizures, ‘pour away’s’,
numbers of street drinkers coming to notice, details of displacement, numbers accessing
services through the T&Ts, number of ABAs and ASBOs, street drinking returns from the
monthly street activity surveys (Camden Town and West End) and community audits.
5. Consultation
5.1 There is a requirement for the local authority to undertake a consultation process prior to
making a designation order. Within London the following must be consulted:
• The
Chief
Officer
for
police for the area;
• Any neighbouring Police and Local Authority, where there area covers an area on
the boundary with that neighbouring authority;
• Licensees within the area or those who may be affected by the Designation Order;
• Owners or occupiers of land that may be identified in a Designation Order;
There is also a requirement on the local authority to take reasonable steps to consult the
owners or occupiers of any land proposed to be covered by the Order. As it is impracticable
to consult individually with all landowners and occupiers in the proposed area, the Home
Office has advised that public consultation notices in the local press would be acceptable.
5.2 The Local Authority must also publicise any intention to make a Designation Order. A notice
must be published in a locally circulated newspaper containing the following information:
• Identification of the place to be designated;
• The effect of any Order made in relation to that place;
• Inviting representations as to whether or not the Order should be made.
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The Local Authority must consider any representations made from the consultation process
before the Designation of any Order.
Local Authorities should not make an order until at least 28 days after the publication of the
notice.
5.3 The following consultation has taken place;
• A briefing note (Appendix B) has been sent to the Chief Executives, Police
Borough Commanders and Heads of Community Safety of the surrounding
boroughs i.e. Islington, Westminster, Haringey, Brent, Barnet and the City of
London.
• A
statutory
notice
(Appendix 2) was placed in the Camden New Journal for a
period of 2 weeks (16th February and 2nd March).
• A web entry was included on the Community Safety site with details of how to
comment.
• Briefing notes were sent to every Licensed Premises in Camden and every
Premises License Holder totalling over 2300 letters.
• Briefing notes were sent to all members of the Camden Community Police
Consultative Group, which is made up of a number of tenants associations,
residents groups and police sector working groups.
• Personal consultation with Camden Federation of Tenants, Camden Inner London
Licensees Association (CILLA), Club Watch (premises with music and other
events), Street Services Team (CRI), Camden Town Wet Service (Novas), Wet
Service Steering Group, Alcohol Services Users Group and Mungo’s.
• Briefing notes sent to the 5 District Management Committees (Housing), Royal
Parks, Hampstead Heath Constabulary and Management Board, West End Drugs
Partnership, and British Transport Police.
• Camden
Police.
• Camden Community Safety Partnership.
• Drug Action Team.
• Briefing notes sent to Camden Neighbourhood Partnerships.
5.4
Overall the response to the proposals have been overwhelmingly positive. Of note the
following concerns were raised:
One licensee was concerned that the CDZ would be used on customers drinking on their
forecourts. The protocol with Camden Police covers this issue and the CDZ does not
apply to the curtilage of premises, which have a premises license or club premises
certificate under the Licensing Act 2003. This will include forecourts that form part of the
premises (but not public pavements).
Members of the Camden ‘Alcohol Users Forum’ were concerned that the police could
misuse the power and that there were not sufficient resources for alcohol treatment.
Again the police protocol and T&T structure will cater for the use of the power. It is
accepted that there is a need for additional treatment provision as the Alcohol Misuse
Scrutiny Panel has identified. However there should not be any increase in referrals from
the police since they already operate within the T&T structure across the borough.
A wet service steering group member acknowledged that this proposal was fairer than the
Camden Town pilot which only targeted those who were the most disadvantaged in the
community i.e. street based drinkers. This proposal targeted both leisure and street
based drinkers. However he was concerned that generally there was little in the way of
space or services for street based drinkers and what space did exist, for example in
Camden Town was extremely limited in terms of opening hours.
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An application has been received from the Royal Parks Agency in respect of Regent’s
Park for alcohol and regulated entertainment - recorded music, live music and facilities for
dancing for 29999 people. The Royal Parks Agency have concerns in terms of the CDZ
and its impact on Regents Park, if the licensing authority refuse the application. In their
view the Council would need to demonstrate that there is (or would be) a problem of
crime and disorder as a result of the Park not being in a CDZ and have specifically
requested that the Royal parks are excluded from these proposals.
Implementation
6.1. After an Order has been made, it can only come into effect after the Local Authority have
publicised as follows:
1. A further notice in local newspapers describing the area to be designated, the effect of
the Order and the date on which the Order comes into effect.
2. Sufficient signs in the area designated have been erected which draw attention to
members of the public to the effect of the Order
Guidelines state that signage must be placed around the whole boundary of any area
designated a CDZ. Signage must be sufficient to draw attention to members of the public
that the area is a CDZ. It is intended that the existing signs, used within Camden Town,
are placed on all major strategic road access routes into Camden supported by additional
signs in priority areas such as Kilburn, West End, South End Green, Holborn and Camden
Town.
6.2. There is a conflict between the licensing of public open spaces under the Licensing Act
2003 and Alcohol Consumption in Designated Public Places (CDZ)(street drinking controls)
under the Criminal Justice and Police Act 2001. Any open space with a premises licence
under the Licensing Act 2003 are exempt from the powers of the Criminal Justice and
Police Act 2001, meaning that open spaces with a premises licence will not be subject to
the CDZ controls.
6.3. The street drinking controls in the Criminal Justice and Police Act 2001 apply in
"designated public places". The Act says that a place cannot be a "designated public place"
if it is” premises in respect of which a premises licence or club premises certificate, within
the meaning of the Licensing Act 2003, has effect ". There is no mention of the premises
licence authorising the sale of alcohol. While this is of less concern during a public event
when effective controls will be in place to ensure drinking does not occur, issues arise
during the periods when events are not taking place on the public land.
6.4. This issue affects both Camden Council, who are considering the licensing of a number of
parks and open spaces in the borough and the Royal Parks who have applied for premises
licenses for both Regents Park and Primrose Hill Park. If these are granted then a CDZ
would not be enforceable at any time in those areas. Culture and Environment have
intimated that the proposals for premises licence status in the boroughs parks and open
spaces will be delayed whilst an approach is made to the relevant Government
Departments for a change in the law. This will require a change to secondary legislation.
The Royal parks are continuing with their application.
6.5. The only option available at present is to insist that individual festival organisers apply for a
premises licence for the specific dates/periods they require in respect of open space
managed/owned by the Council. This is not only costly, as the Council has no discretion to
waive licence fees, but also time consuming. This situation may force a number of medium
sized festivals who provide regulated entertainment and are not eligible for Temporary
Event Notices, to cancel their events as a result of being unable to fund the licence fee.
6
6.6.
Once an order has been made a copy must be sent to the Secretary of State.
7. Finance
7.1 The Liveability fund was used to establish and monitor the CDZ pilot and to provide
additional resources for the wet centre in Camden Town.
7.2 Liveability funding for the provision of the wet service will cease in April 2006 in line with the
conclusion of that funding programme. The Housing & Adult Social Care Directorate will be
the cost centre for the future expenditure on the CDZ. £215,000 has been approved for the
cost of the Wet Service for 2006/07. This will be funded from Homelessness Strategy
Implementation grant (HSIG), the allocation for which was approved by Executive on 22nd
February 2006. The HSIG is allocated on a year to year basis, and mainstream funding will
need to be considered for 2007/08 and beyond.
7.3 Based upon estimates from the pilot CDZ approximate costs for borough-wide
implementation are shown below.
7.4 The above details were included in the Executive (Environment sub group) on 17th January
2006.
7.5 Initial Implementation costs
Item
Cost
Legal Orders and Advertising
£2,500
Publicity £2,500
Production + installation of new signage
£6,000
Total
£11,000
8. Finance Comments
8.1 The extension of the CDZ throughout the Borough of Camden will not involve the extension
of support services provided to drinkers (the Wet Service) currently provided in Camden
Town. As a result, the only additional costs generated would be the initial implementation
costs of £11,000 outlined in 7.6. These costs will be fully funded from Housing and Adult
Social Care 2006/07 budget. Funding for support services to drinkers within Camden Town
in 2007/08 and beyond has not yet been identified, and it is likely that this will need to be
considered by Members as a cost pressure in the 2007/08 budget process.
9. Legal Comments
9.1. The comments of legal services are included within this report.
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Document Outline
- CDZ (Borough) Implementation protocol
- CDZ - Sign Location
- CDZ Exec report
