ITEM NO

CORPORATE GOVERNANCE AND POLICY SCRUTINY COMMITTEE

WEDNESDAY 28 NOVEMBER 2007

REPORT OF CHIEF ECONOMIC DEVELOPMENT OFFICER

ALCOHOL CONTROL ZONES

1. PURPOSE OF THE REPORT

1.1 To provide Members with information on the Local Government (Alcohol Consumption in Designated Public Places) Regulation 2001/2007, details of expressed support and consideration of options to recommend how this could be progressed in the County Borough

2. INFORMATION a) Background

2.1 According to the 2006/07 British Crime Survey (BCS), victims believed the offender or offenders to be under the influence of alcohol in 46% of all violent incidents in England and . For ‘stranger violence’, this figure rises to 58%. Operational intelligence from the three Territorial Inspectors policing the county borough advises that alcohol and in particular under age drinking is a significant contributing factor to incidents of anti-social behaviour and disorder.

2.2 In tackling alcohol related crime and disorder, many Local Authorities in England and Wales have recognised the value in using the Local Government (Alcohol Consumption in Designated Public Places) Regulation 2001, revised in Regulation 2007. The use of the Regulation has three broad objectives, to: • reduce the problems arising from under-age drinking; • reduce public drunkenness; and • prevent alcohol related violence.

2.3 According to Home Office figures, up to May 2007, five hundred Designated Public Places Orders (DPPOs), sometimes known as Alcohol Control Zones, had been applied for in England and Wales. Two of these relate to areas within including: Llwyn Isaf (since June 2002) and the Town Centre including Bellevue Park (since January 2005). 2

2.4 Once a DPPO has been made by the local authority this then provides Police Officers and Police Support Officers (PCSOs) with enhanced enforcement powers, to be used at their discretion, to request individuals to stop drinking intoxicating liquor and to seize intoxicating liquor from a person in the designated area. The discretionary use of the enhanced enforcement police powers are directly related to reducing alcohol related crime and disorder. It is important to note that making a DPPO does not mean that there is a blanket ban on drinking in public places in the designated area. However, if the behaviour of an individual who is drinking alcohol in a designated place is a crime and/or anti-social behaviour concern, Police Officers/ PCSOs will be able to utilise the enhanced enforcement powers.

2.5 Use of the enhanced enforcement powers would only be triggered by the anti-social behaviour of those drinking alcohol not the drinking of alcohol in itself. The consumption of alcohol in a designated area for picnics, concerts, fetes, festivals, celebrations etc could still go ahead. The enhanced enforcement powers would only be directed to individuals who are consuming alcohol in a designated place whose anti-social behaviour is of concern.

2.6 In considering use of the 2007 Regulation and the Criminal Justice and Police Act 2001, the Local Authority should be satisfied that the proposed area has suffered from (a) a nuisance or annoyance to members of the public or a section of the public or (b) disorder, which has been associated with the consumption of intoxicating liquor in that place. The guidance advises that this assessment does not have to be extensive but should include views from the police and relevant community councils.

2.7 However, it is worthy to note that the Home Office guidance for the revised Regulations 2007 on DPPOs includes reference of experience to date of introducing an Order and the need for local authorities to consider the potential risk of disorder associated with public drinking being displaced into immediately adjacent areas that have not been designated for this purpose. The guidance goes on to advise local authorities:

‘before designating an area to make an assessment of all the areas to where they reasonably believe nuisance or disorder will be displaced, ensuring that all those affected by the designation are appropriately consulted…. It might therefore be appropriate for a local authority to designate a public area beyond that which is experiencing the immediate problems caused by anti-social drinking if the police evidence suggests that the existing problem is likely to be displaced once the DPPO was in place. In which case the designated area could include the area to which the existing problems might be displaced.’

2.8 Over 2006-07 there has been increased interest expressed in ‘Alcohol Control Zones’. During this time, seven Community Councils have written to the Chief Legal and Democratic Services Officer requesting their area be considered for designation these include: • Broughton • • Offa • Penycae • • • 3

2.9 In July 2007, the Community Safety Partnership received a presentation from the Council’s Health & Well Being Development Officer on ‘Addressing Alcohol Misuse’. The presentation and resulting debate included reference and support for the use of ‘Alcohol Control Zones’ as part of a basket of measures to tackle and reduce alcohol abuse.

2.10 Then in August, the Community Safety Partnership considered a report on the use of the Local Government (Alcohol Consumption in Designated Public Places) Regulation 2001/2007 to tackle alcohol related crime and anti-social behaviour. The meeting, chaired by the Divisional Commander, reconfirmed their support for ‘Alcohol Control Zones’ across the county borough based on community council areas. Arising from this, the Community Safety Team was requested to undertake an information gathering exercise and in particular to ascertain the level of support from Community Councils for ‘Alcohol Control Zones’.

2.11 On the 25th September a presentation on Alcohol Control Zones was presented to a well attended Town and Community Council Forum. The issue stimulated extensive debate and benefited from the attendance of a Territorial Inspector who was able to clarify the use of the enhanced enforcement powers. The meeting was generally very supportive of the designation of ‘Alcohol Control Zones’ to each Community Council area, from those in attendance and representing Town & Community Councils.

2.12 The Community Safety Team wrote to all Community Councils (34), requesting consideration of the issue and completion and return of a simple proforma (Appendix 1) to record the result of each Community Councils in relation to the three statements contained within the proforma.

2.13 The period of consultation extended from 1st October until 12th November. Twenty two Community Councils have responded to this consultation request and all twenty two have indicated their support for their Community Council area to be designated for an order. The Community Councils which have responded to date are detailed in the attached map of the county borough at Appendix 2. The Community Councils responses to the 3 statements are summarised at Appendix 3. It is clear that even when Community Councils have indicated that their area does not currently suffer from alcohol related anti-social behaviour, they have considered the potential dispersement/displacement risk from adjacent areas and for that reason support their area being designated for an order. The postal dispute which occurred early on in period of consultation, may have had a negative impact on the returns, we are certainly aware that at least one posted return was never received by the Community Safety Team. For this reason further contacting work is ongoing with the remaining twelve Community Councils.

2.14 In addition to the Community Council consultation, a report was considered by the Wrexham Association of Secondary Heads (WASH) at its meeting on October 17th. WASH has expressed its in principal support for the use of Orders for each Community Council area, based on ‘regard for the impact of alcohol related anti-social behaviour on school premises’, The Health & Well Being Development Officer also raised the issue at a recent Primary Heads Federation meeting and again experience of the impact of alcohol related crime, anti- social behaviour and disorder on school premises, resulted in the Federation expressing their support for the designation of an order on all community council areas across the county borough.

2.15 In relation to the Police, the Divisional Commander expressed his total support at the CSP meeting in August for the designation of a DPPO in all Community Council areas in the 4 county borough. In addition, all three Territorial Inspectors are supportive of designating an order on all Community Council areas across the county borough. Appendix 4 provides information on anti-social behaviour incidents, by ward over a twelve month period. The Territorial Inspectors experience indicates that alcohol and in particular under age drinking, will have been a factor in a significant proportion of these. Due to a number of Electoral District boundaries cutting across more then one Community Council boundary, ward based data is not easily transferable. However, it is evident that every Community Council area suffers a degree of anti-social behaviour and of these a significant number will relate to the consumption of alcohol. Appendix 5 shows the relation between Electoral Districts and Community Council areas.

2.16 In considering the information contained in this report, the following options could be progressed by the Council.

i) To designate each individual Community Council area for a DPPO, covering the whole of the county borough. This would indicate that the Council is satisfied that each area to some degree suffers from anti-social behaviour of which alcohol consumption is a factor. It would also acknowledge and avoid the potential risk of displacement/dispersement of problems caused by anti-social drinking.

ii) To designate an order for each Community Council area that has expressed their support for the proposal. This could take into account late responses from Community Councils that are received prior to the Executive Board meeting on December 18th.

2.17 Before making an Order the local authority is required to publish a notice of their intention in a local newspaper and invite representations as to whether or not an order should be made.. The local authority could decide to add to this minimum requirement by publicising their intention in additional ways. No order can be made until at least 28 days after the publication of the said notice. Again the local authority could decide to extend this minimum period for making representation.

2.18 Any representations made would initially be considered jointly by the Chief Legal and Democratic Services Officer and the Chief Housing and Public Protection Officer. After which, if any objection to the Order has not been withdrawn, a report would be put to Full Council (who has the power to make the order) for discussion. If no objections have been made, or those objections made have been withdrawn, then a report recommending that the Order be made would be referred to Full Council.

3. RECOMMENDATION

For Members of Scrutiny Committee to consider the information contained within the report and resolve which of the options set out at 2.16 should be recommended to the Executive Board.

4. BACKGROUND PAPERS -

5. WEBSITE INFORMATION None

CEDO/45/07S

APPENDIX 1 Wrexham Community Safety Partnership Community Council Consultation on The Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2007

Name of Community Council : ………………………………………………….

Name of Respondent: ……………………………………………………………..

Designation (eg Clerk, Chairman): ………………………………………………

Signature : ……………………………………..

Date : …………………

1. The area covered by this Community Council is affected by alcohol-related anti- social behaviour ( Please tick the appropriate box)

Strongly Agree Agree Not Sure Disagree Strongly Disagree

2. If you have ticked the Strongly Agree / Agree boxes, please give an indication of the impact of alcohol related anti-social behaviour on your Community Council

Serious Impact Moderate Impact Light Impact

3. Having regard to the above statements and considering the potential for the displacement of any alcohol related anti- social behaviour from, or into nearby localities we support the designation of the entire Community Council area to be subject to an Order (Please tick one box as appropriate) Agree Disagree

Please return completed questionnaire to the Community Safety Unit in the stamped / addressed envelope provided, by no later than 12 November 2007.

Thank you for your assistance Wrexham Community Safety Unit, 1 Nelson Street, Hightown, Wrexham. LL13 7YD

Alcohol Control Zones Appendix 3 Responses from Community Council's to Proforma

Name Question 1 Question 2 Question 3

1 S Agree M Impact Agree 2 Acton S Agree S Impact Agree 3 Bangor On Dee Agree M Impact Agree 4 5 Broughton S Agree S Impact Agree 6 Byrmbo 7 S Agree S Impact Agree 8 Ceiriog Valley 9 Chirk T C S Agree S Impact Agree 10 S Agree S Impact Agree 11 S Agree S Impact Agree 12 13 14 Glyn Traian S Agree S Impact Agree 15 16 17 Hanmer S Disagree NK Agree 18 Holt S Agree M Impact Agree 19 Disagree NK Agree 20 Llan Rural Disagree Light impact Agree 21 Agree Light impact Agree 22 23 S Agree L Impact Agree 24 Agree M Impact Agree 25 26 Offa S Agree S Impact Agree 27 Overton 28 Pen-Y-Cae S Agree S Impact Agree 29 Rhosddu 30 Rhos S Agree S Impact Agree 31 Not Sure M Impact Agree 32 Ruabon S Agree S Impact Agree 33 Agree M Impact Agree 34 Willington- Worthenbury

Appendix 4 Anti Social behaviour Incidents’ to Ward – Wrexham County 1st September 2006 to 31st October 2007

Ward Ward Total Total

Acton Llay 257 278

Borras Park Maesydre 52 385

Bronington Marchwiel Rural 49 69

Brymbo Marchwiel Town 246 32

Bryn Cefn & Hoseley 231 46

Brynyffynnon Minera 798 84

Cartrefle New Broughton 190 530

Cefn Offa 394 413

Chirk North Overton 108 72

Chirk South Pant 210 279

Coedpoeth Penycae 312 171

Dyffryn Ceiriog, Ceiriog Valley Penycae & Ruabon South 37 185

Erddig Plas Madoc 107 266

Esclusham 182 376

Garden Village Queensway 48 432

Gresford East & West 178 206

Grosvenor Rossett 656 158

Gwenfro Ruabon 123 278

7 Gwersyllt East & South Smithfield 384 586

Gwersyllt North Stansty 328 122

Gwersyllt West Whitegate 308 332

Hermitage Wynnstay 318 337

Holt Grand Total 191 11670

Johnstown 206

Little Acton 61

Llangollen Rural 59

8 APPENDIX 5 COMMUNITY COUNCILS / ELECTORAL DIVISION Map No. Community Council Electoral Division 1. Dyffryn Cieiriog / Ceiriog Valley 2. Llansantffriad Glyn Ceiriog Dyffryn Cieiriog / Ceiriog Valley 3. Glyn Traian Dyffryn Cieiriog / Ceiriog Valley Chirk North 4. Chirk Chirk South 5. Llangollen Rural Cefn 6. Cefn Plas Madoc Ruabon 7. Ruabon Penycae/Ruabon South Penycae 8. Penycae Penycae/Ruabon South Johnstown 9. Rhosllanerchrugog Pant Ponciau Esclusham 10. Esclusham Ponciau 11. Minera Minera 12. Coedpoeth Coedpoeth 13. Brymbo Minera Bryn Cefn 14. Broughton New Broughton Gwenfro Gwersyllt North 15. Gwersyllt Gwersyllt East/South Gwersyllt West 16. Llay Llay 17. Rossett Rossett Marford/Hoseley 18. Gresford Gresford East/West 19. Holt Holt Acton Park 20. Acton Little Acton Maesydre Rhosnesni Garden Village 21. Rhosddu Stansty Grosvenor Brynyffynnon 22. Offa Hermitage Offa Cartrefle Queensway 23. Caia Park Smithfield Whitegate Wynnstay 24. Abenbury Holt 25. Isycoed Holt 26. Sesswick Marchwiel 27. Marchwiel Marchwiel 28. Erbistock Marchwiel 29. Overton Overton 9 COMMUNITY COUNCILS / ELECTORAL DIVISION Map No. Community Council Electoral Division 30. Bangor Isycoed Bronington 31. Willington – Worthenbury Bronington 32. Bronington Bronington 33. Hanmer Overton 34. Overton