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Outdoor Drinking Byelaws – Arnprior, Buchlyvie, Fintry

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Outdoor Drinking Byelaws – Arnprior, Buchlyvie, Fintry THIS REPORT RELATES STIRLING COUNCIL TO ITEM ON THE AGENDA STIRLING COUNCIL CORPORATE 11 MARCH 2004 NOT EXEMPT OUTDOOR DRINKING BYELAWS ARNPRIOR, BUCHLYVIE, FINTRY, GARGUNNOCK AND KIPPEN 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 Arnprior, Buchlyvie, Fintry, Gargunnock and Kippen. 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, Callander and the eastern villages. In 2000 these Byelaws were amended to include Dunblane. At the Council meeting in December 2003, it was agreed that the Byelaws be further extended to include Balfron, Killearn and Strathblane & Blanefield. Following further discussion with Community Councils, several more have requested that the Byelaws be extended to cover their areas. The statutory power allowing the Council to make such Byelaws is contained in Sections 201 and 202 of the Local Government (Scotland) Act 1973. 3 RECOMMENDATIONS 3.1 It is recommended that the Council decide whether or not to make an amendment to the Byelaws to include Arnprior, Buchlyvie, Fintry, Gargunnock and Kippen, 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. Not all interested Community Councils completed this in time for consideration at the Council meeting in December 2003. Since that time, there has been further discussion with the relevant Community Councils. At the time of writing this report, not all of the Community Councils mentioned above have produced maps showing the boundary they would like for their Byelaws. It is hoped that they will have done so by the time of the Council meeting and the Council will be advised of the position at that time. 4.3 Central Scotland Police have been consulted on the generality of extending the Bylaws as proposed and have informally confirmed their agreement to the introduction of the Byelaws in these three areas. Once all of the maps have been received, they will be asked for their formal agreement. Copies of the proposed amendment Byelaws and available 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. 5 POLICY IMPLICATIONS 5.1 This proposal has a direct impact on making communities safer and tackling anti-social behaviour. 6 CONSULTATIONS 6.1 Arnprior, Buchlyvie, Fintry, Gargunnock and Kippen 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. File Name: N:\DEMSUPP\NewDecisions\Scouncil\Reports\SC20040311OutdoorDrinking.doc Author(s) Name Designation Tel No/Extension P J Broadfoot Corporate Governance 3283 Manager/Solicitor to the Council Approved by Name Designation Signature Bob Jack Director of Corporate Services Date 6 February 2004 Reference 11/0/1 File Name: N:\DEMSUPP\NewDecisions\Scouncil\Reports\SC20040311OutdoorDrinking.doc.
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