1. Decision Required

The Committee is requested to :-

1.1 Agree to designate the areas identified herein as public areas where it will be an offence to continue to drink alcohol after being warned by a police officer not to do so further to s.12 - 16 Criminal Justice and Police Act 2001 and the Local Authorities (Alcohol consumption in Designated Public Places) Regulations 2001.

1.2 To agree that the orders be publicised in the Mercury Newspaper so that they come into force on 10^th January 2003 or as soon as possible thereafter if call in period is exempted.

1.3 Note that the Criminal Justice and Police Act 2001 came into force on 1^st September 2001 and that it replaces the Home Office model bye-law relating to the consumption of intoxicating liquor in designated public places.

1.4 To note that although the designation orders are made by the Council it is the responsibility of the police to enforce the orders.

1.5 Note the Home Office Circular - August 2001 that advised Local Authorities who wish to place such a restriction in their area where public drinking is associated with antisocial behaviour, disorder, annoyance or nuisance to members of the public, to consider making an order under section 13 of the Act rather than proceeding with the more cumbersome and complex bye-law process.

2. Reasons for Decision

2.1 The area where this restriction is sought is affected with particular problems from people drinking alcohol and causing distress to residents and visitors who wish to use the shops in the area, making them fearful and hence reluctant to visit Woolwich Town Centre. The current proposal emanates from consultation between the Local Authority, Metropolitan Police, the local residential community and people with businesses in the area. Should these proposals be agreed the public consumption of alcohol in -

will be banned.

3. Reports circulated at the meeting

3.1 The Head of Legal Services advises that Members need to be satisfied, particularly with regard to reports circulated at short notice, that they have adequate information and have had sufficient time properly to consider the matter in order to reach reasoned decisions, for which they will be responsible. If there are any doubts, Members should consider deferring a decision, taking into account the reasons for urgency identified by the Lead Officer responsible for this report.

4. Reasons for Urgency

4.1 This restriction will alleviate a clearly identified problem in the designated zone that has caused fear alarm and distress to residents, visitors and business owners in the area having identified resources delaying this order would exacerbate this.

4.2 Section 17 of the Crime and Disorder Act 1998 requires Local Authorities to put Community Safety at the heart of its work by doing “all it reasonably can”. Should a decision not be taken at this stage it will further delay the introduction of these measures and the consequential improvements to the Town Centre.

5. Report

5.1 Section 2.16 of the Criminal Justice and Police Act 2001 came into force on 1 September 2001. The provisions allow councils to designate public places where it would be an offence to drink alcohol after being warned by a police officer not to do so.

5.2 This proposal is brought under the auspices of the Crime and Disorder Reduction Partnership (a statutory partnership under the Crime and Disorder Act 1998) which involves a number of key agencies. The Partnership includes representatives of the Metropolitan Police, London Borough of Greenwich, London Probation Service and Health and Voluntary Sector and they have expressed their full support for this proposal.

5.3 In agreeing the prohibition local Police Officers will be able to use this new power to aid them in their efforts to reduce disorder and antisocial behaviour in Woolwich.

The Proposed Areas

5.4 The proposed areas were chosen after a statistical review of quantitative and qualitative data including:

5.5 The Orders proposal will cover:

(please see attached map appendix 1).

5.6 Agencies who seek to help those with alcohol problems have been alerted of the possible introduction of this proposal. It is hoped that the additional attention will encourage the take up of services on offer to those who habitually street drink.

5.7 Extensive consultation has been carried out with traders and those living in the proposed area and there is strong support for this measure. The Town Centre Manager sees it as “vital tool in regenerating the area”. The Town Centre Agency has also expressed its support. Letters of support for the proposal are attached at appendix 2.

6. Practice Elsewhere

6.1 A number of Local Authorities across the country have successfully employed these powers. The two London Boroughs, Westminster and Bromley, using such an order have been consulted on drafting and implementing this measure.

6.2 In respect of Westminster's alcohol ban Inspector Walsh of the Belgravia Police said after Victoria had been designated:

“There has been a noticeable change …. Because the drinkers are no longer there … street crime and general disorder is dropping”

6.3 Bromley Police Officers said :

“The council by bringing in this ban sent out a clear message that vagrant drinkers are not welcomed by the community”

7. Resources

7.1 There is strong commitment from the Metropolitan Police Greenwich to ensure the successful implementation of this ban and staffing resources have been identified

7.2 Publicity is to be funded from one of the funding streams awarded to the Crime and Disorder Partnership from the Home Office. The additional costs to the Council should be minimal.

7.3 Whilst the Community Safety Unit within the Council is supporting this move by giving time and expertise, there are no financial implications for the Borough.

8. Consultations

8.1 There has been extensive consultation as highlighted in the report and Ward Councillors involved have been informed.

8.2 Once the order is made and prior to it coming into force the Council is under a duty to advertise the fact that it has made the Order in a local newspaper and invite comments from the public. The Order will come into force 28 days after it was advertised.

8.3 Under sections 12 to 16 of the Criminal and Justice and Police Act 2001 and prior to designating an area the Council must consult with:-

a. The Chief of Police (Reg 3(1)(a)) - this is to seek the views of the Police on the nature of the problem and the appropriateness of designating a particular area. This recognises that it will be the police who will have the responsibility for enforcing the resulting restrictions on public drinking. The police have indicated they would support a ban in the two areas suggested. The Council must also demonstrate that it has gathered evidence from members of the public, MPs and CCTV footage to show that disorder, nuisance and annoyance has and is being caused to members of the public and that such behaviour is associated with the consumption of intoxicating liquor.

b. The police and Local Authority for any neighbouring borough where the proposed area for designations covers an area which boundaries with that authority. (Reg 3(1)(c)). Although the area in question is not bounded by any neighbouring boroughs, Bexley, Bromley and Lewisham Councils have been informed.

c. Licensees within the area or who may be affected by the designation order (Reg 3(1)(d)). Licensees have been actively involved in the consultation and support the proposals.

d. The owners or occupiers of any land identified in the Order (Reg 3 (2)). No objections have been received.

8.4 Once the order is made a copy should be sent to the Secretary of State (Reg 9) and another notice should be placed in the local paper confirming the date the Order will take effect, the area identified in the Order and setting out the effect of the order (Reg 7).

9. Options

9.1 To implement the order in light of strong public and agency support this is strongly recommended

9.2 Not to implement, there is no provision for a pilot or other interim measures

10. Financial Implications and Comments of the Director of Finance

10.1 There are no financial implications for the London Borough of Greenwich. The cost of implementing the proposals and enforcement are met by the Metropolitan Police.

11. Legal Implications and Comments of the Head of Legal Services

11.1 Legal opinion has been sought and comments incorporated.

Background Papers: None.

Report Author: Genny Renard, Principal Community Safety Officer, 020 8921 5101

Reporting to: Tony Evans, Head of Corporate Policy

ITEM NO: 14

PAGE NO: 1

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