Cabinet
14 February 2011
Agenda Item No______16_______
DESIGNATED AREA ORDER – CROMER
Summary:
Cabinet is asked to consider under Section 13(2) of the Criminal
Justice and Police Act 2001 undertaking the formal process to make a
Designated Public Place Order to apply to part of Cromer to reduce
the incidence of crime, disorder and anti-social behaviour associated
with alcohol consumption.
Conclusions:
In the opinion of the Community Safety Manager, there is sufficient
evidence available to satisfy the Local Authority that public nuisance,
annoyance and disorder has been associated with public drinking in
the area concerned and it is appropriate for the formal consultation
and process to commence.
Recommendations:
It is recommended that Cabinet give permission for the formal
consultation process to commence with the findings being presented
to Full Council should the result of the consultation show that there is
sufficient evidence, need and support for the granting of an Order.
Cabinet member(s):
Ward(s) affected:
Hilary Nelson
Cromer
Teri Munro
teri.munro@north-norfolk.gcsx.gov.uk
01263 516278
Contact Officer, telephone number,
and e-mail:
1.
Introduction
1.1.
Members are advised that on 1 September 2001, sections 12 – 16 of the Criminal
Justice and Police Act 2001 came into force. Those powers enable local authorities to
designate places under Section 13(2) where restrictions on public drinking apply.
1.2.
The local authority exercises its powers under the Local Authorities (Alcohol
Consumption in Designated Public Places) Regulations 2007.
Cabinet
2.
Purpose
2.1.
What is a Designated Public Place Order for?
14 February 2011
A Designated Public Place Order is designed to restrict anti-social public drinking within
the designated area. Section 13 of the Criminal Justice and Police Act 2001 makes it
clear that the power is to be used explicitly for addressing nuisance or annoyance
associated with the consumption of alcohol in a public place.
2.2.
What is a Designated Public Place Order not for?
It is important to note that these powers do not make it a criminal offence to consume
alcohol within a designated area. An offence is committed if the individual refuses to
comply with a constables’ request to refrain from drinking.
3.
Procedure
3.1.
It is for the Local Authority to be satisfied that public nuisance, annoyance or disorder
has been associated with public drinking in the area concerned and that a Designation
Order under Section 13(2) is appropriate.
3.2.
There is no legal requirement on the Local Authority to conduct a formal assessment
over a given period of the nature of the problem. Whether or not a Designation Order is
appropriate will be a matter for local judgment based on the circumstances applying.
4.
Process
4.1.
Formal consultation must be taken with:
4.2.
Chief Police Officer for the area;
4.3.
the parish/town council covering the area;
4.4.
any premises licence holder, club premises certificate holder or premises user in relation
to each premises in that place which may be affected by the designation;
4.5.
Reasonable steps must be taken to consult the owners or occupiers of the land
proposed to be designated. Where residential areas are proposed to be included in the
DPPO area, consultation should be taken with the residents of those areas. This can be
done by way of meetings or leaflet drops.
4.6.
A formal public notice must also be given in a local newspaper as this is a legal
requirement. The notice should give at least 28 days notice for comments to be
received.
4.7.
Should the decision be taken to grant an Order, a further formal public notice must be
given in a local newspaper prior to it taking effect.
4.8.
Further to discussions at pre-Scrutiny, the Community Safety Manager will work with the
Media Team to issue a press release outlining in plain terms the effects of an Order (if
granted) to places such as gardens, parks etc. and what it means in real terms to those
who will use the streets which fall within the proposed area.
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14 February 2011
5.
Evidence – 12 month period between October 09 and October 10 (Exempt
Appendix 2)
5.1.
The evidence required for a DPPO is that there is an alcohol related nuisance or
annoyance to the public in the proposed area. An assessment should be made as to the
likelihood that the problem will continue unless these powers are adopted. In addition,
you must have a belief that the problem could be remedied by the use of these powers.
Evidence should be based not just on information obtained, but also from the Police and
members of the local community who have reported incidents of alcohol-related antisocial behavior or disorder.
Crime
5.1.1. 58 alcohol-related offences which equates to 12.5% of the total crime for
Cromer;
5.1.2. 32 (16.3%) alcohol-related offences fall within the proposed DPPO area;
5.1.3. The vast majority of the 32 offences were violent (14 Common
Assault/Battery and 10 Assault occasioning Actual Bodily Harm).
5.2.
5.3
Anti-social Behaviour
5.2.1
165 alcohol-related ASB incidents which equates to 21.5% of the total
ASB for Cromer;
5.2.2
113 (32.4%) alcohol-related ASB incidents fall within the proposed DPPO
area;
5.2.3
12 alcohol-related ASB incidents involve vagrants/homeless people (10
fall within the proposed DPPO area).
Map of the proposed area to be covered by the Order
Based on the evidence given in the analysis, the attached map shows the area to be
covered by the proposed Order. (Appendix T).
5.4
An evaluation of the existing DPPO’s in Sheringham and North Walsham are available
as background documents should Members wish to review these.
6.
Implications and risks to the Authority
6.1.
Section 17 of the Crime and Disorder Act 1998 (amended by the Police & Justice Act
2006) states that the Local Authority must consider the impact of its decisions on local
crime and disorder and should do all it reasonably can to reduce crime and disorder.
6.2.
There are concerns that, in the future, the area to be covered by the proposed Order
may be too large or subsequently, too small. Members are assured that there is
provision within the legislation for any Designated Public Place Order to be subsequently
amended based on new evidence as it becomes available.
6.3.
It is the intention of the Community Safety Manager to undertake an evaluation of the
Order on a quarterly basis to measure its effectiveness and ensure that the area covered
by the Order remains appropriate.
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14 February 2011
7.
Links to Corporate and Services Plans
7.1.
Corporate Plan – although North Norfolk is a very low crime area, fear of crime can
impact of quality of life. As a lead member of the Safer Communities Partnership, we will
promote and support actions aimed at reducing crime and anti-social behaviour.
7.2.
Service Plan – to deliver reductions in crime, disorder and anti-social behaviour.
7.3.
LPSA 3.1.1 – Reduction in the number of incidents of criminal damage;
7.4.
LPSA 3.2.1 – Improvement in local peoples’ sense of security in their neighbourhood;
7.5.
Co-ordinate and deliver prevention, diversion and interventions to tackle anti-social
behaviour.
8.
Cost Implications
8.1.
Public Notices (x2) are required by legislation and attract a cost of £600.00 + VAT each.
Cromer Town Council have been approached to make a contribution towards these
costs, the balance is to be paid from the Community Safety base budget.
8.2.
The cost of the signs has yet to be established.
8.3.
The erection of the signage can be undertaken by staff within the Property Management
Service at a cost of £20 per hour.
9.
Option Appraisal
9.1.
The Community Safety Manager has identified two options available to Cabinet:
9.2.
If Cabinet is not satisfied that public nuisance, annoyance or disorder has been
associated with public drinking in the area outlined, then a Designated Public Place
Order under Section 13(2) is inappropriate and the formal consultation process should
not be approved.
9.3.
If Cabinet is satisfied that public nuisance, annoyance or disorder has been associated
with public drinking in the area outlined, then a Designated Public Place Order under
Section 13(2) is appropriate and permission should be given for the formal consultation
process to commence.