THIS REPORT RELATES COUNCIL TO ITEM 14 ON THE AGENDA

STIRLING COUNCIL CORPORATE

15 MARCH 2007 NOT EXEMPT

OUTDOOR DRINKING BYELAWS

DOUNE & , AND FINTRY

1 SUMMARY

1.1 The Council has Byelaws prohibiting the drinking of alcohol in force in many towns and villages in the Council area. Three other areas have expressed an interest in having the Byelaws extended to cover them. They are & Deanston, Drymen and Fintry.

1.2 In June 2005 the Council agreed to extend the Byelaws to cover Fintry. These have not yet been brought into force as the area to be covered by them has been altered from the original proposal.

1.3 If the Council agrees to extend the Byelaws as set out in this report, then as Members will be aware, these will need to be agreed by the Scottish Executive and advertised to allow for objections or representations to be made. It will then be for the Scottish Executive to decide whether or not to confirm the amendment to the Byelaws.

2 RECOMMENDATIONS

2.1 The Council is asked to decide whether or not to make an amendment to the Outdoor Drinking Byelaws to include Doune & Deanston, Drymen and Fintry.

3 CONSIDERATIONS

3.1 There are Byelaws in force in a number of towns and villages across the Council area, prohibiting the drinking of alcohol in public places. Three communities – Doune & Deanston, Drymen and Fintry – have requested that the Byelaws be extended to include them. The statutory power allowing the Council to make such Byelaws is contained in Sections 201 and 202 of the Local Government () Act 1973.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\REPORTS\SC20070315ITEM14OUTDOORDRINKDOUNE.DOC 3.2 The Council agreed to extend the Byelaws to include Fintry in June 2005. The draft amendment Byelaws were submitted to the Scottish Executive in July 2005 and their initial comments were received in October 2005. It was not until August 2006, after numerous reminders, that they confirmed that they were content with the draft amendment Byelaws. Central Scotland Police then indicated that they considered the Byelaws should cover an additional area of land at Fintry Wood and the road leading to Culcreuch Castle Hotel. This required to be agreed by Fintry Community Council and this has now been done.

3.3 Kilmadock and Drymen Community Councils have agreed the boundaries within which they wish the Byelaws to apply. Copies of the draft Byelaws and three maps to this report will be available in Member’s Lounge.

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

3.5 If the Council decides to make the amendment Byelaws, they will be submitted to the Scottish Executive 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. In confirming the Byelaws, the Scottish Ministers will set the date for them coming into force.

4 POLICY/RESOURCE IMPLICATIONS AND CONSULTATIONS

Policy Implications Diversity (age, disability, gender, race, religion, sexual orientation) No Sustainability (community, economic, environmental) No Corporate/Service Plan No Existing Policy or Strategy Yes Risk No Resource Implications Financial No People No Land and Property or IT Systems No Consultations Internal or External Consultations Yes

Policy Implications

4.1 This proposal has a direct impact on making communities safer and tackling antisocial behaviour.

Resource Implications

4.2 The main resource implication will be in erecting signage in the affected areas but this will be minor and met from existing budgets. Consultations

4.3 Kilmadock, Drymen and Fintry Community Councils. Central Scotland Police on the generality of extending the Byelaws to cover these areas.

5 BACKGROUND PAPERS

5.1 None.

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 Reference N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\REPORTS\SC20070315ITEM14OUTDOORDRINKDOUNE.DOC