33 NORTH LANARKSHIRE COUNCIL REPORT To General Purposes Committee 1 Subject BYELAWS PROHIBITING THE I OF IN 1 CONSUMPTION ALCOHOL I DESIGNATED PUBLIC PLACES ~ 'From: Head of Legal Services Date 6 Januarq 1997 Ref WBm 1. Introduction 1.1 At the meeting of the Committee held on 16 October 1996, Coinmittee noted a report by tlie Head of Legal Services indicating the various alternatives open to the Council to extend the prohibition on the consumption of alcohol in public places to cover the whole North Lanarkshire area, and resolved (1) that the Director of Administration be instructed to make a formal representation to the Secretary of State for Scotland for a blanket bail on the consumption of alcohol in public places throughout North Lanarkshire; and (2) that failing a satisfactoq response to such an approach the recommendation in the report by the Head of Legal Services be adopted, namely to promote one consolidated Byelaw for North Lanarkshire, incorporating existing areas and any further areas where evidence exists of public disorder and nuisance, and that the Director of Administration be authorised to enter consultation with Strathclyde Police and with local community Councils with a view to establishing the status of evidence of public disorder and nuisance arising from drinking in public places, and to report back to this Committee. 2. Representation to the Secretary of State 2.1 The Scottish Office were invited to advise on whether tlie Secretary of State would confirm a Byelaw covering the whole North Lanarkshire area. A copy of the repl!. dated 18 November 1996 forms Ames A to this report. The critical coiiment on behalf of the Secretary of State is contained in paragraph two of the letter - "Ministers have made clear on several occasions tlie reasons why they are not prepared to confirm district wide byelaws. That would crimiiialise all drinking in public, incrementally, and is neither necessary or appropriate. In many circumstances, in many places and at many events drillking in public is socially acceptable and causes no problems whatsoever. Ministers do, however, recognise that in certain areas there is a significant nuisance problem arising from public drinking. That is esactly the situation which the byelaws are intended to tackle and on which they should be targeted." 3. Consultation with Strathclyde Police 3.1 In order to establish the status of evidence of anti-social behaviour attributable to drillking in public: letters were addressed to the Divisional Commanders of Strathclyde Police "D", "N" and "P" Divisions. 3.2 Strathclyde Police "D" Division reported in a letter dated 23 December 1996 that Byelaws could be supported and policed in respect of a number of communities now lying within Korth Lanarkshire and formerly lying within the Strathkelvin District boundary, namely Chryston, Muirhead, Mount Ellen, Gartcosh, Cardowan? Stepps, Millerston and Mollinsbuni. That letter fomis Ames B 1 to this report. The Divisional Commander had previously reported in a letter RLShlIi30 1.S.lhI'CG 34 Page 2 dated 16 October 1996 that Byelaws could be supported and policed in respect of Moodiesbuni. That letter forms Annes B2 to this report. 3.3 Strathclyde Police "N:" Division reported in a letter dated 27 November 1996 that Byelaws could be supported and policed in respect of all areas previously designated by tlie fornier Monklaiids District Council (Bargeddie, Coatbridge and Airdrie, Calderbank and Chapelhall: Salsburgh, Caldercruis: Plains, Gleiuiiavis and Glenboig) and in respect of the following further communities which had not previously been included - Greeiigairs including Wattston, and Gartness. They further reported that Byelaws could be supported and policed in respect of tlie two areas previously designated by the former Cuiiibeniauld and Kilsyth District Council (Cunibeniauld New Town and Kilsq-tli) and in respect of the following further communities which had not previously been included - Croy, Banton, Queenziebuni, Dullatur, Westenyood, Craigmarloch and Luggiebalk. The letter from the Divisional Coiimiaiider foniis Annex C to this report. 3.4 Strathclyde Police "P" Division reported in a letter dated 18 December 1996 that Byelaws could be supported and policed in respect of all areas previously designated by tlie fonner Motherwell District Council (Motlienvell, Viewpark and Shotts) and in respect of the following further coinmunities which had not previously been included - Wishaw; Bellsliill: Nemiains, Bonkle, Morningside, Cambusnethan and Crindledyke; Cleland, Knownoble and Bellside; Harthill and Eastfield; Allanton, Hartwood and Hartwoodhill; New Stevenston, Carfin and Newarthill; Hol!toma and Newhouse; and Birkenshaw and Calderbraes. They 0 further reported that Byelaws could be supported and policed in respect of the area of Strathclyde Park. The letter froin the Divisional Conuiiander fomis Annes D to this report. 4. Consultation with Community Councils 4.1 All Conununity Councils within the North Lanarkshire area were invited to coiiuiieiit on the necessity of Byelaws to meet problems of anti-social behaviour within their cormnunity areas. 4.2 Even Coiiununity Couiicil who responded to the letter expressed support for the esteiisioii of the Byelaws and referred to problems of anti-social behaviour being experienced witliiii their areas. Copies of the responses fonii Amex E to the report. 5. Recommendation 5.1 That in the light of the reply from the Scottish Office. taken with the responses from Strathclyde Police and local Community Councils. the Council now resolved to promote a Byelaw prohibiting the consumption of alcohol in public places within the following'0 designated areas - Allanton, Hartwood and Hartwoodhill .4uchinloch Banton Bargeddie, Coatbridge and Airdrie Bellshill and Mosseiid Birkensliaw and Calderbraes Calderbank and Chapelhall Caldercruis Carfin and Newarthill Chpston Cleland, Knownoble and Bellside Croy Cuiiibeniauld (including Dullatur, Westenvood: Craigiiiarloch and Broadwood) Gartcosli Page 3 35 Gartiiess Gleiiboig Glenmavis Greengairs and Wattston Hartliill and Eastfield Hol\;tonii and Ne\+house Kilsytli Luggiebank Molliiisbuni Moodiesburn Moniiiigside Motlienvell Muirhead and Mount Elleii Newiiaiiis. Criiidledyke and Boilkle Nen Steveiistoii Ove rtonii Plains Queenzieburn Salsburgli Shotts Stepps. Millerstoii and Cardowan Viewpark Waterloo Wislian and Canibusnethan Stratlicll.de Park 5.2 That the Head of Legal Services now be instructed to draft Byelaws with the appropriate detailed location maps for submission to the local Procurators Fiscal and to the Scottish Office for approval, and to report back to this Coiimiittee as to progress at the appropriate juncture. (Background papers are held nitliin the Legal Services Division Members requiring further iiifoniiation should contact Mr M Kcrr at Est. 2371.) 36 c AddLX p1 spg&.39.$.EC THE SCOTTISH OFFICE - eHome Department Saughton House Broomhouse Drive -c. .=k .=k ------- . L._ 7-p” h: Edinburgh EH 1 1 3XD *i/- - t 2 2. NOV Telephone 0 I 3 I -244 2833 :L-- - - ~ M Ken Esq .7 Fax0131-244 1’ Head of Legal Services I-- - - North Lanarkshire Council P 0 Box 14 Civic Centre MOTHERWELL ML1 1TW \8November 1996 BYELAWS PROHIBITING THE CONSUMPTION OF ALCOHOL IN DESIGNATED PUBLIC PLACES Thank you for your letter of 21 October seeking views on whether the Secretary of State would confirm byelaws covering the whole of North Lanarkshire, about which we have already spoken on the telephone. Ministers have made clear on several occasions the reasons why they are not prepared to confirm district wide byelaws. That would criminalise all drinking in public, incrementally, and is neither necessary Dr appropriate. In many circumstances, in many places and at many events drinking in public is socially acceptable and causes no problems whatsoever. Ministers do, however, recognise that in certain areas there is a significant nuisance problem arising from public drinking. That is exactly the situation which the byelaws are intended to tackle and on which they should be targeted. You refer to existing byelaws already confirmed in respect of various other ‘districts’. Growing experience of the operation of these byelaws has highlighted the problems of displacement of nuisance from one area of a town or village to another, if the byelaws only cover part of the place. In light of that, Ministers have recently confirmed byelaws covering several entire towns or cities, where the local authority indicated there was a problem to be addressed and the police confirmed that they would welcome the byelaws and would be in a position to enforce such a “whole-town” approach. You explained in your letter that in reaching its resolution, the Council noted the terms of the byelaw recently confirmed in respect of the City of Glasgow. You will be aware that that byelaw did not quite extend to the whole area of the former District Council, excluding the 2 per cent of the Council’s area which is open fields, to the north of the built-up area. HPK035 18.1 16 a %& Recycled 37 Ministers are prepared to consider all reasonable proposals for properly targeted byelaws. I am happy to discuss and assist with the development of any such proposals, to ensure that councils are well aware of the Government’s policy in this area and to facilitate as smooth a passage as possible when it comes to implementing the statutory procedures. Experience has shown that these matters are progressed with fewer problems when a degree of informal consultation takes place. I look forward