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 Wales. 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 Wrexham 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 Community 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 • Chirk • Offa • Penycae • Rhosllanerchrugog • Rhosddu • Ruabon 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.