1 Agenda Item No 11 REPORT NO LB 22/10 ANGUS LICENSING BOARD – 5 MAY 2010 PROHIBITION OF CONSUMPTION OF ALCOHOL IN DESIGNATED PUBLIC PLACES BYELAWS REPORT BY THE CLERK ABSTRACT This Report seeks approval to extend the byelaw prohibiting consumption of alcohol in public places to additional areas in Arbroath, Brechin, Carnoustie, Kirriemuir and Montrose and for the making of new byelaws to prohibit the consumption of alcohol in specified areas of Forfar and Monifieth. 1. RECOMMENDATION It is recommended that the Board:- (i) approve the proposed areas to extend the current byelaw areas prohibiting the consumption of alcohol in designated public places in the Burgh towns of Arbroath, Brechin, Carnoustie, Kirriemuir and Montrose; (ii) approve the proposed areas to establish new byelaws prohibiting the consumption of alcohol in designated public places in the Burgh towns of Forfar and Monifieth; and (iii) note the further steps required before the byelaws come into force. 2. BACKGROUND At the Licensing Board Meeting of the 17 June 2009, it was agreed that a short term working group be formed to consider the extension of the current byelaw boundaries, prohibiting drinking in public places, in Arbroath, Brechin, Carnoustie, Kirriemuir and Montrose and the feasibility of establishing byelaw areas in Forfar and Monifieth. There was submitted to the Board at its meeting on the 3 February 2010 Report No LB 4/10 by the Clerk with the proposals of the short term working group. After discussion The Board agreed to defer making a recommendation to the Council until all members of the Council could examine the proposals and have an opportunity to comment upon the areas to be covered by the byelaws. Comments, once received, to be considered by the Board at its meeting on 5 May 2010. The proposals and covering letter were sent to all Council members on the 24 February 2010 with a request that should they wish to comment they should contact the relevant Licensing Board member for their area by the 14 April 2010. The following comments have been received:- (i) Arbroath. a. Councillor Morrison. Extend area south-west along Ladyloan to include Signal Tower Museum, then north-east along high water mark to slipway at harbour. b. Councillor Nield. Springfield and Victoria Parks. MacDonald Park, Keptie Pond and Water Tower to be included. (ii) Brechin. Councillor Myles. Byelaws to be effective in all areas of Brechin (iii) Monifieth Community Council. Additional area to the west the Caravan Park between the railway line and mean high water mark to the outlet of Dighty Water. Additional area to the north-west at Broomhill Drive. Removal of proposed area at Maule Street, Albert Street, Hill Street and replace by extending area along Church Street e:\inetccm\wwwroot\ccmeetings\reports-committee2010\licensingboard\lb 22.10 prohibition of consumption of alcohol in designated public places bylaws.doc 2 3. PROPOSALS To assist the Board, schedules and plans of the proposals relating to Arbroath, Brechin, Carnoustie, Forfar, Kirriemuir, Monifieth and Montrose are attached at Appendices A – G. The Board are asked to agree that Byelaws be either extended or introduced as determined in the recommendations and that the Clerk is authorised to report this matter to Angus Council for agreement to proceed with the statutory procedure. 4. FUTURE STAGES If the Board is minded to approve the proposals shown on the attached plans, the matter will require to be considered by Angus Council as only the Council has power to agree to make byelaws. Thereafter the draft Byelaws will be submitted to the Scottish Government for approval and if agreed, formal consultation will be undertaken with the Procurator Fiscal, Tayside Police and the proposed Byelaws will be advertised in local newspapers for public consultation. Any comments from the consultees will be brought back to the Board (and Angus Council) for further consideration. 5. FINANCIAL IMPLICATIONS There are no financial implications arising from this report 6. HUMAN RIGHTS IMPLICATIONS In dealing with the matters set out in this report the Board will have regard to any human rights issues. 7. EQUALITIES IMPLICATIONS The issues dealt with in this report have been the subject of consideration from an equalities perspective. An equalities impact assessment has been undertaken 8. CONSULTATION The Head of Finance, the Director of Infrastructure Services and the Chief Constable, Tayside Police have been consulted in the preparation of this report. SHEONA C HUNTER CLERK TO THE LICENSING BOARD NOTE: No background papers, (other than any containing confidential or exempt information) were relied on to a material extent in preparing the above report. L&A /SCH/IJ e:\inetccm\wwwroot\ccmeetings\reports-committee2010\licensingboard\lb 22.10 prohibition of consumption of alcohol in designated public places bylaws.doc 3 Appendix A to Report No LB22/10 SCHEDULE DESIGNATED AREA - ARBROATH All of the public area within the area known as Arbroath Town Centre being the previously approved designated public areas where the consumption of alcohol is prohibited delineated in red and the proposed extension to this area delineated in blue on the Arbroath map annexed relative hereto and being the area bounded as follows:- (a) Commencing at the north corner of the junction of the A92 (Grant Road) and Barngreen at the point marked A on the said plan and then proceeding generally in a southerly direction along the eastmost edge of the pavement of Barngreen to its junction with Leonard Street; then (b) in a south-easterly direction along the north the east edge of the northmost then eastmost pavement of Leonard Street, Stanley Street and Barbers Croft respectively to the junction with Ponderlaw; then (c) in a south-westerly direction along the south edge of the southmost pavement of Ponderlaw to its junction with the entrance to Springfield Park; then (d) in a south-easterly direction following the eastern edge of the path from the entrance to Springfield Park to its junction with the main path leading up from Hill Terrace; then (e) in a south-westerly direction along the southern edge of the path to Hill Terrace and then to the junction of Hill Terrace and Hill Place; then (f) in a south-easterly direction along the northmost edge of the pavement along Hill Place to its junction with Hill Road; then (g) in a south-easterly direction along the northmost edge of the pavement and road along Hill Road to its junction with South Street; then (h) in a southerly direction from South Street along an undefined line to a point on the foreshore where it meets the mean high water mark; then (i) in a south-westerly direction along the foreshore mean high water mark, following the line of South Street and Seagate, to Danger Point; then (j) in a south-westerly direction along the southmost edge of the outer harbour protection wall to its the south-west corner and then in a north-west direction along the southmost edge of the harbour wall to its end point, then following a line northwards to meet the southmost corner of the inner harbour wall to the east of the lifeboat slipway: then (k) in a north-westerly direction in a line to the east of the lifeboat slipway and lifeboat station to the southmost corner of the Harbour Visitor Centre and then following the frontage of the Visitor Centre around to Fisherman’s Quay and its junction with Burnside Drive; then (l) generally in a north-westerly direction following the south edge of the southmost pavement of East Mary Street to its junction with Millgate Loan; then (m) in a north easterly direction following the west edge of the westmost pavement of Millgate Loan to its junction with West Port; then (n) in a north westerly direction along the south edge of the southmost pavement of West Port to its junction with Bank Street; then e:\inetccm\wwwroot\ccmeetings\reports-committee2010\licensingboard\lb 22.10 prohibition of consumption of alcohol in designated public places bylaws.doc 4 (o) in a south westerly direction following the east edge of the eastmost pavement of Bank Street to a point marked “B” on the plan and then in a north westerly direction following an undefined line leading from said point “B” on the said plan to a point marked “C” on the said plan; then in a north easterly direction following the west edge of the westmost footpath of Bank Street to its junction with West Port; then (p) in a north westerly direction along the south edge of the southmost pavements of West Port and Keptie Street respectively to its junction with Lochlands Street; then (q) in a northerly direction long the west edge of the westmost pavement of Lochlands Street to its junction with Carnie Street; then (r) in an easterly direction along the north edge of the northmost pavement of Carnie Street and Guthrie Port respectively to its junction with A92 Grant Road; then (s) in a north-easterly direction along the northmost edge of the A92 to its junction with Barngreen at said point marked A on said plan. e:\inetccm\wwwroot\ccmeetings\reports-committee2010\licensingboard\lb 22.10 prohibition of consumption of alcohol in designated public places bylaws.doc 5 Appendix B to Report No LB22/10 SCHEDULE DESIGNATED AREA - BRECHIN ALL and WHOLE that area known as Brechin Town Centre being the previously approved designated public areas where the consumption of alcohol is prohibited delineated in red and the proposed extension to this area delineated in blue and red on the Brechin map annexed hereto and being the area bounded as follows:-