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SUBJECT

    14 March 2006 Report To Licensing Committee

    Order for the prevention of the consumption of alcohol in Subject: designated public places within Basingstoke Town Centre Status: Open

    Report Ref:

    Ward(s): Eastrop, Grove, Norden and Brookvale and Kings Furlong Key Decision:

    Key Decision Ref:

    Report Of: Alan Craft Head of Environmental Health, Licensing and Parking

    Alan Craft Ext. 2675 Tel: 01256 845 675 Contact: Email: a.craft@basingstoke.gov.uk

    1. List and map of proposed designated areas in Basingstoke

    Town Centre

    2. Areas covered by existing byelaw

    3. Hampshire Constabulary Consultation documents

    4. Consultation reply from Marks and Spencer

    5. Consultation reply from Festival Place Appendices:

    6. Consultation reply from Mr D Ellis

    7. Consultation reply from Countrywide Mobility Partners

    8. Consultation reply from Cllr Stuart Parker

    9. Consultation reply from Cllr John Shaw

    10. Example of Designation Order Sign Papers relied on to None produce this report

    SUMMARY

    1 This Report

    1.1 The purpose of this report is to seek a recommendation from the Licensing

    Committee to Full Council for the introduction of a Designation Order which will make

    it an offence to consume alcohol in designated places within Basingstoke Town

    Centre when required not to do so by a Police Constable. This proposed order is to

    replace the existing alcohol byelaws which cease to have effect at the end of August

    2006 covering the existing areas along with additional areas requested by the Police.

    There is a similar alcohol order now in place in Kingsclere, other areas will be

    considered upon application.

    1.2 This report accords with the Council Plan objective to achieve a safe, clean and

    attractive built environment, and seeking to minimise the levels of underage drinking.

    2 Recommendation

    It is recommended that the Licensing Committee recommend to Full Council that:

    2.1.1 a) An order making it an offence to consume alcohol when required not to do so by a

    Police Constable in public in the designated areas of Basingstoke Town Centre

    detailed in Appendix 1 to this report be approved for public consultation and that,

    subject to no objections, shall be made thereafter; and

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b) The Licensing Committee be authorised to consider and deal with any

    representations made on the proposed Order for Basingstoke Town Centre as a

    result of the consultations and public advertisement.

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    PRIORITIES, IMPACTS AND RISKS

    Contribution To Council Priorities

    This report accords with the Council’s Budget and Policy Framework Council 3 Year Plan References: 3.6 & 3.7

    Service Plan References:

    Other References:

    Contribution To Community Strategy

    Community Strategy Objectives: 1.3

    Impacts

    No Some Significant Type significant impacts impacts impacts

    Impacts for Financial ? BDBC Personnel ?

    Legal ?3.1 Impacts on Equality and Diversity ? Wellbeing Crime and Disorder ?4.1

    Health ?

    Environment ?6.1

    ? Economic Involving Communication/Consultation ?4.2 Others Partners ?5.1 Risk Assessment

    Number of risks identified: 1 Number of risks considered HIGH or Medium: 0

    Yes Strategic: Already identified on Corporate Risk Register? No

    Yes Operational: Already identified in Service Plans? No

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3 Details/Main Considerations

    3.1 Section 15 of The Criminal Justice and Police Act 2001 (The 2001 Act) provides that

    all alcohol byelaws that prohibit the consumption of alcohol in designated public

    places which were made prior to the coming into force of the Act will cease to have

    effect on 1 September 2006.

    3.2 At present there is a byelaw in place related to the public consumption of alcohol,

    covering parts of Basingstoke Town Centre. The full list of areas is detailed in

    Appendix 2, which is an extract of the current byelaw. As this byelaw will no longer

    be valid from 1 September 2006, officers are seeking to introduce an Order to come

    into effect before the expiration of the byelaw to perpetuate the restriction. The

    proposed designation order would cover all the areas under the existing byelaw plus

    additional areas at the request of the Police. A full list of the areas proposed under

    the new order can be found in Appendix 1, these are also highlighted on the attached

    map.

    3.3 The 2001 Act provides a more straightforward procedure for the introduction of

    Orders designating specific places where it is an offence to consume alcohol when

    required not to do so by a Police Constable. A Constable can also require the

    individual to surrender the alcohol and failure to do so is also an offence. 3.4 The introduction of Designation Orders is a relatively new power to Local Authorities

    to make orders themselves whereas the byelaws had to previously receive Secretary

    of State approval.

    4 Current Situation

    4.1 The area proposed within the Town Centre is considered appropriate for a

    Designation Order as there have been a variety of recorded incidents of public

    disorder associated with the consumption of alcohol ranging from verbal abuse and

    minor scuffles to people being threatened with weapons (further details can be found

    in Appendix 2). Having the Order will support the Police in preventing alcohol being

    consumed. Prior to making the order the Act requires extensive consultation:-

    Before making an Order, a local authority shall consult; the chief officer of police for

    the police area in which the public place proposed to be identified in the Order is

    situated, the licensees of any licensed premises in that place or which they consider

    may be affected by the designation and shall also take reasonable steps to consult

    the owners of occupiers of any land proposed to be identified. 4.2 Licensing Officers have consulted with all land owners, residents and licensees of

    licensed premises within the designated area in writing, requesting comments

    concerning the proposal. Responses have been received from; Festival Place,

    Marks and Spencer, a resident from Crown Heights and Countrywide Mobility

    Partners. All were in favour or replacing the existing byelaws accordingly. (Copies of

    these responses are attached as Appendices 4-7).

    4.3 Licensing Officers have also consulted the Police regarding the proposal. The

    Superintendent of Police for Basingstoke and Deane has reaffirmed his continued

    support for the proposed Order. His detailed response is attached as Appendix 3. 4.4 Ward members have also been consulted. Appendix 8 shows Cllr Parker’s

    consultation reply where he identifies other potentially suitable areas. Officers have

    written to the Police to ascertain whether there is any evidence of nuisance/disorder

    related to alcohol consumption. If they support an extension of the order to those

    areas, and would enforce these areas, this could be the subject of a future report to

    this committee.

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4.5 If the Licensing Committee and subsequently Full Council recommend the

    Designation Order, formal notices are required to be published in the press inviting

    representations on whether or not the Order should be made. The Order cannot be

    made earlier than 28 days after the publication of the notice. If any objections are

    received, it will be necessary to report these back to the Licensing Committee at its

    meeting on 13 June 2006. To avoid the need for the matter to be considered again

    by Full Council this report recommends a delegation to the Licensing Committee to

    consider and deal with any representations.

    4.6 If no formal objections are received, the Order will be able to come into force on 1

    June 2006. The Order will only become effective after a second notice is published

    in the press and signs concerning the designation have been erected. An example of

    the sign is attached as appendix 10. The signs will cost in the region of ?50 each, we

    estimate approximately 25 signs will be required. If suitable and existing street

    furniture exists where the signs can be placed, a saving would be made as it would

    cost an additional ?90 to install new posts to hold the signs. Clearly if we can make

    use of existing furniture, this would be preferred.

    5 Consultation Already Undertaken

    5.1 Detailed consultation has taken place with a range of partners as required by the

    Criminal Justice and Police Act 2001.

    5.2 Relevant Ward Councillors have been consulted. See Appendices 8 and 9.

    5.3 No objections have been received to the proposal and those partners, businesses

    and residents consulted have all been in support of the proposed order. 6 Environmental and Sustainability Considerations

    6.1 The introduction of the Order will seek to enhance the quality of the environment

    through deterring alcohol related anti-social behaviour. 7 Financial Implications

    7.1 The costs associated with the making of such an Order are primarily for the Borough

    Council’s legal advice and the consultation exercise. This has been met from within

    existing licensing resources.

    8 Legal and Implications

    8.1 The new Designation Order powers for Local Authorities are non-executive. The final

    decision regarding alcohol ban orders under the 2001 Act needs to be made by Full

    Council. It is suggested that the Licensing Committee as a non-executive Committee

    acts in an advisory role to initially consider and make recommendations to Full

    Council for the approval of such Orders. However, delegation from Full Council to

    Licensing Committee to consider any comments received during the public

    consultation period is recommended.

    9 Risk Assessment

    9.1 Should the order not be instigated it would reduce policing powers risking increased

    public disorder.

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