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THIS REPORT RELATES COUNCIL TO ITEM ON THE AGENDA

STIRLING COUNCIL CORPORATE SERVICES

11 DECEMBER 2003 NOT EXEMPT

OUTDOOR DRINKING BYELAWS - , AND &

1 PURPOSE

1.1 The purpose of this report is to propose extending the existing Stirling Council Byelaws, prohibiting the drinking of alcohol in public places, to Balfron, Killearn and Strathblane & Blanefield.

2 SUMMARY

2.1 On 10 August 1998, the Council’s Byelaws prohibiting the drinking of alcohol in public places came into effect. They covered Stirling, and the eastern villages. In 2000 these Byelaws were amended to include . The statutory power allowing the Council to make such Byelaws is contained in Sections 201 and 202 of the Local Government () Act 1973.

2.2 Following a consultation exercise, Balfron, Killearn and Strathblane & Blanefield have been identified as areas in support of the extension of the byelaws to these areas.

3 RECOMMENDATIONS

3.1 It is recommended that the Council decides whether or not to make an amendment to the Byelaws to include Balfron, Killearn and Strathblane & Blanefield, as contained in the appendix to this report.

4 CONSIDERATIONS

4.1 An approach was made by Strathblane & Blanefield Community Council, enquiring about the possibility of extending the Byelaws to their area. Following this, all Community Councils whose areas are not included in the Byelaws were asked whether or not they wished the Byelaws to be extended to their areas.

4.2 Several Community Councils expressed an interest and were asked to confirm the boundaries within which they would like to have the ban on outdoor drinking. Balfron, Killearn and Strathblane & Blanefield Community Councils all consulted their communities and provided maps showing the boundaries they wanted.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\REPORTS\SC20031211OUTDOORDRINKING.DOC 4.3 have been consulted and have formally confirmed their agreement to the introduction of the Byelaws in these three areas. Copies of the proposed amendment Byelaws and maps are attached as an appendix to this report.

4.4 As with the existing Byelaws, there will be exemptions for Hogmanay and New Year’s Day and for any events that have an occasional licence or permission granted by the Licensing Board.

4.5 If the Council decides to make the amendment Byelaws, they will be submitted to the Scottish Ministers and advertised in the local press to allow people to make representations or objections to the Scottish Ministers. The Scottish Ministers will then decide whether to confirm the Byelaws or, if there are objections, to amend them or hold a public inquiry.

4.6 It is intended to approach, once more, the Community Councils that originally expressed an interest in the consultation exercise to give them a further opportunity to have the Byelaws extended to their areas. It may be, therefore, that a further amendment to the Byelaws will be requested in the near future. It is considered appropriate, however, to proceed with the current areas at present, rather than hold them back until an undefined future date.

5 POLICY IMPLICATIONS

5.1 This proposal has a direct impact on making communities safer and tackling anti-social behaviour.

6 CONSULTATIONS

6.1 Balfron, Killearn and Strathblane & Blanefield Community Councils; local residents; Central Scotland Police.

7 RESOURCE IMPLICATIONS

7.1 The main resource implication of extending the Byelaws will be the erection of signage both on the periphery of, and within, the designated areas. It is anticipated that the cost will be in the region of £5,000 and will be met from existing budgets.

8 BACKGROUND PAPERS

8.1 The Stirling Council Byelaws Prohibiting the Drinking of Alcohol in Public Places 1998, as amended. Author(s) Name Designation Tel No/Extension

P J Broadfoot Solicitor to the Council 3283

Approved by Name Designation Signature

Bob Jack Director of Corporate Services

Date 17 November 2003 Reference 11/0/1 THE STIRLING COUNCIL PROHIBITION OF THE DRINKING OF ALCOHOL IN PUBLIC PLACES (AMENDMENT) BYELAWS 2003

THE STIRLING COUNCIL, constituted under the Local Government etc (Scotland) Act 1994 and having its principal offices at Viewforth, Stirling ("the Council”), in exercise of the powers conferred upon it by Sections 201, 202 and 203 of the Local Government (Scotland) Act 1973, and of all other powers enabling it in that behalf, hereby makes the following byelaws:-

CITATION AND INTERPRETATION

1 (1) These byelaws may be cited as The Stirling Council Prohibition of the Drinking of Alcohol (Amendment) Byelaws 2003.

1 (2) In these byelaws “the principal byelaws” means the byelaws made by the Council on 15 May 1998 and confirmed by the Secretary of State for Scotland on 3 July 1998, Prohibiting the Drinking of Alcohol in Public Places, as amended by The Stirling Council Prohibition of the Drinking of Alcohol in Public Places (Amendment) Byelaws 2000 made by the Council on 13 October 2000 and confirmed by the Scottish Ministers on 4 December 2000.

8.2 Amendment of Principal Byelaws

2 (1) The principal byelaws are amended as follows:-

2 (2) In the Schedule add the following paragraphs after paragraph 3:-

“4 ALL and WHOLE the towns of Strathblane and Blanefield in the Stirling Council area shown edged red and marked "Strathblane" on Plan 4 annexed and executed as relative hereto.

5 ALL and WHOLE the town of Balfron in the Stirling Council area shown edged red and marked “Balfron” on Plan 5 annexed and executed as relative hereto.

6 ALL and WHOLE the town of Killearn in the Stirling Council area shown edged red and marked “Killearn” on Plan 6 annexed and executed as relative hereto.”

Signature:

…………………………….. Peter J Broadfoot Proper Officer Stirling Council

Date………………………..