PERTH AND KINROSS COUNCIL. Council Meeting 20 February 2008 BYELAWS PROHIBITING CONSUMPTION OF ALCOHOL IN DESIGNATED PUBLIC PLACES

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1 PERTH AND KINROSS COUNCIL 4 08/108 ABSTRACT Council Meeting 20 February 2008 BYELAWS PROHIBITING CONSUMPTION OF ALCOHOL IN DESIGNATED PUBLIC PLACES Report by Executive Director (Housing and Community Care) This report recommends that the Council approves the amendment of the existing bylaws prohibiting the consumption of alcohol in public places to include Aberfeldy, Dunkeld and Birnam, Coupar Angus, Scone and Errol and submit proposals to the Scottish Government for their conformation. 1. RECOMMENDATION It is recommended that the Council: (i) (ii) (iii) Resolve to agree the extension of the byelaws banning the consumption of alcohol in public places to include; a) Aberfeldy b) Errol c) Coupar Angus d) Scone e) Dunkeld & Birnam Resolve to amend all alcohol byelaws in light of changes in alcohol licensing legislation; Instruct the Head of Legal Services to submit proposals to the Scottish Ministers on (i) and (ii) above. 2. BACKGROUND 2.1 The Council and its Community Planning partners have been working for some time now on solutions to address the problems experienced with offensive behaviour related to drinking in public within the area. Byelaws prohibiting consumption of alcoholic drink in designated public places were agreed on 24 April 1996 and subsequently came into force in 1998 in areas within Perth, Crieff and Blairgowrie. When this first tranche of byelaws was implemented, it was the intention that consideration would be given to extending the byelaws to other areas on an incremental basis. 2.2 A second tranche agreed in 1998 extended the Byelaws to the whole of Kinross and Milnathort came into force in A third tranche came into force in 2006 to cover the whole of Perth, Crieff, Blairgowrie (including Rattray) and Alyth. 1

2 2.3 At the Community Safety Committee on 7 March 2007 it was agreed to undertake community consultation on the promotion of Byelaws prohibiting the consumption of alcohol in public places in the areas of Aberfeldy, Coupar Angus, Scone, Errol and Dunkeld and Birnam. This was in response to the request from The Modernising Governance Member/Officer Working Group in respect of considering bylaws for these areas. 2.4 The relevant Community Councils were contacted and involved in the process. Local Community Capacity workers identified relevant groups and organisations in their areas and these were also contacted. The responses received were - Aberfeldy Seven responses were received, all in favour of an alcohol ban. The Community Council is in favour of the ban Coupar Angus Three responses were received, all in favour of an alcohol ban. The Community Council is in favour of the ban. Scone The only response received was from the Community Council which was in favour of the ban. Errol Two responses were received, both in favour of the ban. The Community Council is in favour of the ban. Dunkeld and Birnam Two responses were in favour, three against and one group was split in their opinions. The Community Council is in favour of the ban. After the official consultation period a petition was received against the ban. A summary of the responses is attached at Appendix I. 2.5 Council Officers also attended public meetings of the Dunkeld and Birnam and Scone Community Councils to answer questions regarding the process. The other Community Councils did not feel that they required officers to attend their meetings. 2.6 At its meeting on 28 November 2007 the Community Safety Committee agreed that a recommendation for bylaws prohibiting the consumption of alcohol in public places in Aberfeldy, Dunkeld and Birnam, Coupar Angus, Scone and Errol should be submitted to a future full Council meeting. 2.7 It also agreed that the boundaries for the respective bylaws should be proposed by the relevant elected members for the locality under discussion. All the relevant Community Councils, except Scone, had submitted maps showing their suggested boundaries for the bylaws in their areas. These were considered by the majority of elected members whose wards covered Aberfeldy, Coupar Angus, Scone and Errol and where appropriate changes were made and agreed by them. 2

3 2.8 The boundary for the Dunkeld & Birnam ban is a revised version which was proposed by the local community council. The relevant elected members maintained a neutral view on the area that was covered but agreed that it should be presented to Council for consideration. 2.9 The suggested boundaries are attached at Appendices II VI and it is recommended that these are approved by Council. 3. PROPOSALS 3.1 It is proposed to prohibit the consumption of alcohol in public places in Aberfeldy, Dunkeld and Birnam, Coupar Angus, Scone and Errol in the areas as suggested in Appendices II VI. 3.2 A public place is considered to be places where the public have open access. For example, gardens are normally private not public. Areas to which the public have access can include parks, public paths and roads. 3.3 Should the Council agree to the recommendations in this report Legal Services will carry out the necessary work with a view to obtaining confirmation (approval) from the Scottish Ministers to extend the areas covered by the byelaws. However prior to the conformation being requested a notice giving details of the bylaws must be published and any member of the public given a month to object. The Council must take objections into consideration and may, if it is considered necessary or desirable, hold a local inquiry or cause a local inquiry to be held. 3.4 The bylaws would not come into effect until this conformation is granted. 4 LEGISLATIVE CHANGES 4.1 The terms of the present alcohol byelaws refer to the provisions of the Licensing (Scotland) Act 1976 in excluding certain areas such as a licensed premise from the operation of the byelaws. A new alcohol licensing system will come into full effect on 1 September 2009 as a result of the Licensing (Scotland) Act The terms of the alcohol byelaws therefore must be amended to reflect this change but these amendments require to be agreed by Council. 5. CONSULTATION 5.1 Consultation has been carried out with elected members, community councils and community groups. Tayside Police have indicated that they support the recommendations for the banning of the consumption of alcohol in these areas. 3

4 6. RESOURCE IMPLICATIONS 6.1 Additional financial resources are required to meet the cost of providing signage. Although, under the Byelaws, only a minimum of one sign adjoining each area is required, the Procurator Fiscal has previously requested more be erected and it is considered that to inform the public of a drinking ban being enforced in a particular area it is desirable from the point of view of enforcement, and reasonable, to erect sufficient signs. The final cost will depend on the extent of the areas to be covered and the number of signs ordered. At present, it costs 6,000 to provide 100 signs, similar to those which remain in place. 7. COUNCIL CORPORATE PLAN OBJECTIVES The Council s Corporate Plan lays out five Objectives which provide clear strategic direction, inform decisions at a corporate and service level and shape resources allocation. This report relates to the following objective:- (i) A Safe, Secure and Welcoming Environment 8. EQUALITIES ASSESSMENT 8.1 The function, policy, procedure or strategy presented in this report was considered under the Corporate Equalities Assessment Framework and the determination was made that the items summarised in this report do not require further assessment as they do not have an impact on people s wellbeing. 9. STRATEGIC ENVIRONMENTAL ASSESSMENT 9.1 The plan, programme or strategy presented in this report was considered under the Environmental Assessment (Scotland) Act 2005 and the determination was made that the items summarised in this report do not require further action as they do not qualify as a plan, programme or strategy as defined by the Act. 10. CONCLUSION 10.1 The proposal for an extension of the current bylaws prohibiting the consumption of alcohol in public places to Aberfeldy, Dunkeld and Birnam, Coupar Angus, Scone and Errol will be an important tool in addressing the problems experienced with offensive behaviour related to drinking in public. DAVE ROBERTS EXECUTIVE DIRECTOR OF HOUSING AND COMMUNITY CARE 4

5 Note: Disclaimer/declaration regarding background papers The following background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973 (and not containing confidential or exempt information) were relied on to a material extent in preparing the above report. Reports 96/ April / April / June / December / November 2006 Contact Officer: Address of Service: John Irons, Community Safety Policy Officer Tel: jmirons@pkc.gov.uk Housing & Community Care, Council Building, 2 High Street, PERTH, PH1 5PH 5 February 2008 John Irons

6 Appendix I SUMMARY OF RESPONSES RECEIVED TO CONSULTATION Aberfeldy Received From Aberfeldy Community Council Ms Annette Thomson The Gymnastics Club, Kenmore Street Aberfeldy Mr Gilbert Price, Aberfeldy Drama Club Mr Kevin Ramage, Chairperson, Explore Aberfeldy Mr William Leszke, Move 2 Improve Mr Stewart McNeish, Treasurer of Aberfeldy Show and Friends of Aberfeldy Parklands, Kenmore Road, Aberfeldy Rev. Mark Drane, Aberfeldy Parish Church Mrs Isla Duncan, Aberfeldy Bowling Club, Taybridge Terrace, Aberfeldy Coupar Angus Received From Coupar Angus, Ardler & Bendochy Community Council Mrs Helen Pithie, The Guild, Abbey Church Coupar Angus Ms Elaine McKinlay, Coupar Angus Adult Education Association, George Street, Coupar Angus Mr Michael Gallagher, (by ) Scone Received From Scone Community Council Summary of Response considers it a necessity organisation represents over 50 tourism based businesses in the area stated that it will help this group in the future to tidy up Aberfeldy appalled by the level of alcohol debris in children s play area. Summary of Response feels quite strongly about this issue Summary of Response 6

7 Errol Received From Errol Community Council Mr Ian Findlay, Secretary, TARPIE (Take a pride in Errol) Mr Alan McKenzie, Head Teacher, Errol Primary School Dunkeld and Birnam Received From Dunkeld & Birnam Community Council Mr Glen Gilson, Cathedral Street, Dunkeld Mr David Trudgill, Dunkeld & Birnam Badminton Club David Arbuthnott, ex member of Royal School of Dunkeld School Board Mrs Pamela Carr, Secretary, The Fiddle Tree, Dunkeld Mr R.J. Preston, Chairman Dunkeld & Birnam Recreation Club Mr Bill Forsyth, Secretary of the Dunkeld Bowling Club and Chairman of the Royal British Legion Branch Mrs Fiona Bruges, Secretary, Butterstone WRI Summary of Response Summary of Response DOES NOT Mr Gilson presented a petition against the proposed bylaw which had been signed by 98 people with all but 7 having addresses in the Dunkeld & Birnam area. He felt that the bylaw would not have any effect and that there were sufficient laws to deal with the issues at present. He felt that additional Policing was required in respect of current legislation to deal with the problem. DOES NOT The majority of the members did not support the bylaw and felt that there sufficient powers for the Police at present. DOES NOT DOES NOT blanket solution not appropriate for the community No majority opinion Members were split on whether to support or not. Many had reservations about the validity of the problems and the bylaw as a solution to them. reservations about the problems being moved from the area covered by the ban to another that was not. 7

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