Council Clamps Down on Street
Drinking
0059/ir
21 April 2008
An order restricting the consumption of
alcohol in public has come into effect in the Borough of Crewe and
Nantwich. The ‘Designated Public Places Order’ gives the
police the power to stop a person over the age of 18 drinking
alcohol in the designated area and to surrender alcohol in their
possession (including unopened containers). Signs have been erected
to show that areas covered by the order.
The order is in addition to the Police’s
existing powers to confiscate alcohol from young people.
David Burns CNBC Safer Communities Manager
said: “This is part of the borough council’s wider commitment
to reducing anti-social behaviour which has, according to latest
figures, seen a reduction in youth anti-social behaviour of 35%
since 2005.”
Other measures that have been put in place
since 2005 have included the development of a young people’s
alcohol and ASB awareness campaign, support for diversionary
activities like Streetsports and the continued work of the Borough
Anti-Social Behaviour Co-ordinator with partner agencies in
managing and changing the behaviour of the minority of young people
who commit serious anti-social behaviour. Measures used
include warnings, acceptable behaviour contracts and, as a last
resort, Anti-Social Behaviour Orders.
Reductions in anti-social behaviour have been
seen in all wards of the borough and are the result of close
working with other agencies through Crewe and Nantwich Safer
Communities Partnership. More signs will go up in areas
affected over the next few weeks with the assistance of partners
including the police, fire service, housing providers and the
Borough Council.
The order gives enforcement power to police
officers and police community support officers. Any concerns about
alcohol consumption by adults within the designated zone
should be reported to the local Police Community Action Team.
COUNCIL
CONTACT Dr David
Burns – Safer Communities Manager
TELEPHONE 01270
537602
EMAIL david.burns@crewe-nantwich.gov.uk
CAT Team
Numbers: Crewe – 0845 458
6370
Nantwich
– 0845 458 6378
NOTES TO THE EDITOR (attached)
–
(a) The Desgnation of
Public Places wording
(b) Questions and
Answers (FAQs)
(c) Powers under the
Confiscation of Alcohol (Young Persons) Act 1997
For Media enquiries contact:
Ian Richardson -
01270 537018
http://www.crewe-nantwich.gov.uk/
Designation of Public Places Orders
Wording of the Notice:
Notice of Alcohol Designation – Crewe and
Nantwich
ALCOHOL CONSUMPTION IN DESIGNATED PUBLIC
PLACES
FOR THE AREA OF CREWE AND NANTWICH BOROUGH
COUNCIL
NOTICE is hereby given pursuant to Section 13
of the Criminal Justice and Police Act 2001 that Crewe and Nantwich
Borough Council propose to make a Designated Public Places
Order. The effect of the order is that the police will have
the power to require a person not to drink alcohol in the
designated area and to surrender alcohol (including sealed
containers) to the police. Failure to comply with the request
without reasonable excuse is an offence. This is a
discretionary power which may be utilised by the police and is not
an alcohol ban.
The proposed area includes all public
highways, alleyways, access ways, paths and linking footways, with
the exception of the area within Crewe designated by the Crewe and
Nantwich Public Places Order 2003 (Crewe Cemetery and Crematorium
Grounds and Jubilee Gardens (Hightown Crewe), 2005 (Queens Park,
Tipkinder Park and George V Playing Fields, Crewe) and Alcohol
Consumption in Designated Public Places for the Borough of Crewe
and Nantwich Order (No 1) 2008.
When does the order come into
effect?
The Order was made from the 2nd
April 2008 and publicised in the local press
HOWEVER
The order cannot be enforced until adequate
signage has been erected.
Boundary and inner signs reminding people that
they are entering a Designated Area were erected by 14th
April. Supplementary signage on streets within the area designated
are being distributed and put up by partner agencies throughout
April.
Caution should be exercised in enforcing the
order, ensuring that there is adequate signage in areas where
enforcement is to take place, so that reference can be made to
it.
Question and Answer:
Q. Will these measures lead to a universal ban
on drinking in the open air?
A. Clause 13 of the Act allows the Council to designate
public areas for the purposes of clause 12 where it is
satisfied that nuisance, annoyance or disorder has been
associated with public drinking in that area. The offence in Clause
12 will not be consumption of alcohol in a designated public place,
but drinking after being required by an officer not to do so. And
it will only apply in areas that have an experience of public
drinking problems.
Q. Will these be in areas where the problem is one of under age
drinking?
A. The additional powers given to a Police Officer in a
designated area are basically the same as those already
available when dealing with alcohol consumption by those under
18. An example is an amendment to section 1(1) of the
Confiscation of Alcohol (Young Persons) Act 1997. For this
reason the Council should require evidence that the problem is
connected to the consumption of alcohol by those over 18
years of age.
Q. Can local authorities introduce blanket
restriction on alcohol consumption or create “Alcohol Free”
Zones?
A. There are no provisions in the 2001 Act, which allow
the creation of Alcohol Free Zones or blanket
restriction on alcohol drinking in public. Before an area
is proposed for designation, the Council must obtain some evidence
that the area has anti-social nuisance or disorder associated with
it. Any proposals for a comprehensive ban on public drinking would
be considered disproportionate to the intended purpose behind the
measures contained in the new Act.
Q. Can local authorities introduce a borough wide DPPO?
A. No, the guidance states that the Council
must be satisfied that there is evidence that an area suffers from
anti-social behaviour or disorder due to alcohol consumption and
that any order must be proportionate to the level of the
problem. There is not sufficient evidence that anti-social
drinking by those over 18 is a problem across the
borough.
Q. What about anti-social drinking being
displaced into non designated areas?
A. The creation of designated areas may well lead to anti-social
drinking or nuisance being displaced into areas that have not been
designated for this purpose. Prior to making an area designated,
the Council can make an assessment of all the areas to where they
reasonably believe that nuisance or disorder will be displaced,
ensuring that all those affected by the designation are
appropriately consulted. Guidance issued with respect to changes
that have been made following commencement of section 26 of the
Violent Crime Reduction Act 2006 on the 6th April 2007
states that displacement into areas immediately
adjacent with those being designated may be taken into
account. Therefore, before designating an area,
local authorities should make an assessment of all the areas to
where they reasonably believe that nuisance or disorder will be
displaced, ensuring that all those affected by the designation are
appropriately consulted.
Q. What about relaxing restrictions during
public events?
A. The Council, with the agreement of the
police, can allow public events like festivals to proceed
without any restrictions on alcohol. Since the powers are only
discretionary, these can be reviewed and exercised if local
circumstances demand.
Q. Who can apply for an order?
A. The Council is the only body that can make an order.
Q. What information has been used to determine the areas
suggested for designation?
A. The police made representations for the imposition of a
borough wide order and presented ward level data based on one year
including all disorder and alcohol related crime.
Q. If the data is presented at Ward level, is there an issue
over ward boundaries, for example, if they change, or if it
includes one side of a street and not the other?
A. No, the order must specify every street and any public spaces
off those streets, to which the order will apply under the Violent
Crime Reduction Act. The order is therefore specific to each street
and not reliant on ward boundaries.
Q. Who is empowered to enforce the order?
A. Police Officers and Police Community
Support Officers have the power to enforce the order. Community
Wardens or any other officer of the council do not have enforcement
powers.
Powers under the Confiscation of
Alcohol (Young Persons) Act 1997 (CA (YP) A 1997)
- Where a constable ( and PCSO if designated by
the Chief Constable) reasonably suspects that a person in
any public place other than a licensed premises,
or any place (other than a public place) to
which a person has unlawfully gained access, is in
possession of alcohol and that either
:
- He/she intends that any of the alcohol should be consumed by a
person under the age of eighteen in that or another similar
place or
- A person under the age of eighteen who is, or has recently been
with him/her has recently consumed alcohol in that or another
similar place
- The constable may require that person to surrender
anything which he possesses which is, or the
constable reasonably believes to be, alcohol, or a
container for it and the constable may require him/her to
state his name and address.
- A constable who makes such a request must inform the person
concerned as to the suspicion
- A constable may not require a person to
surrender any sealed container unless the
constable reasonably believes that the person
is or has been consuming or intends to consume
alcohol in any relevant place.
Note
These powers apply in all
areas and are not dependent upon an area
being declared by a Local Authority, as in the case with
Designated Public Places Orders.