AGENDA ITEM NO. 16 1. REPORT TO: Executive Board REPORT NO: CEDO/05/11 DATE: 15 February 2011 LEAD MEMBER: Councillor Rodney Skelland (Regeneration and Corporate Governance) LEAD OFFICER: Chief Economic Development Officer CONTACT OFFICER: Isobel Watson (Tel: 292457) SUBJECT: Queens Square and Llwyn Isaf Protocol and Charging Policy WARD: Grosvenor PURPOSE OF THE REPORT For Members to consider and approve a revised Queens Square/Llwyn Isaf protocol and charging policy. 2. EXECUTIVE SUMMARY 2.1 There has been a protocol in place for the use of Queens Square and Llwyn Isaf since Queens Square was completed in 1998. This has now been updated following a review by the Town Centre Manager and the Emergency Planning team. In addition to the inclusion of specific conditions regarding political protests and events, there is a proposal to add a condition relating to the display of weapons in the town centre by the Armed Forces. 2.2 There are two reasons why the review is necessary: (i) representation was made at Executive Board on 1 July 2008 from the Wrexham Peace and Justice Forum questioning the Council’s policy on the display of weapons on the outdoor areas it controls. The Council did not have a specific policy relating to the display of weaponry and therefore, it is considered that a policy is needed in order that the Council can respond to requests for use of the managed areas such as the one recently been made by the Army requesting use of Llwyn Isaf for a Beat The Retreat ceremony on 19 May 2011; and (ii) when the English and Welsh Defence League indicated that it would be holding a rally in Wrexham, the Emergency Planning Team and North Wales Police met at that time to consider the proposals and ways of dealing with the potential disturbance of the peace. The protocol was considered by those involved to require stronger wording particularly in relation to political canvassing. 3. RECOMMENDATIONS 3.1 Members are recommended to: (i) Agree that, in line with the rights conferred upon the Royal Welsh Regiment, all units of our armed forces should be allowed to parade and hold public relations events on either Queens Square/Llwyn Isaf as specified in the protocol and subject to normal booking criteria. (ii) Agree that the Armed Forces recruitment office should be allowed to hold recruitment days on Queens Square/Llwyn Isaf including (where requested) the following elements: video images; posters; climbing wall; obstacle course; military vehicles; weapons; and personnel. (iii) Subject to the agreement at (i and ii) in all or part, to adopt the revised protocol in full as set out at Appendix I to this report. (iv) Agree that in the case of dispute, the final decision as to whether or not Queens Square and Llwyn Isaf may be used for a particular purpose will be delegated to the Chief Economic Development Officer in consultation with the Chief Legal and Democratic Services Officer, and the Lead Member for Regeneration and Corporate Governance, having regard to the agreed protocol. REASONS FOR RECOMMENDATIONS To ensure that Queens Square and Llwyn Isaf is managed in accordance with the wishes of the Council. Stephen Bayley Chief Economic Development Officer 4. BACKGROUND INFORMATION 4.1 Members will recall that the Executive Board originally approved a protocol document to govern the use of Queens Square and Llwyn Isaf in 2003 (CEDO/01/03). 4.2 The protocol was introduced to inform users of what is considered appropriate use of the space, to protect the area from physical damage and to ensure that no political rallies or anti-social behaviour takes place. 4.3 There are two areas where the protocol could be improved. Firstly, in relation to the control of political rallies and events and secondly by making the protocol more explicit in respect of use and display of weapons by the Armed Forces. 4.4 Income generated from the charges made for the use of these areas funds the delivery of the town centre strategy and action plan. Charges are reviewed annually, but had not increased since 2009. Annual income does not normally exceed £10,000. 4.5 When the English and Welsh Defence League was planning to march into Wrexham in 2009, the Emergency Planning team requested that the protocol be reviewed in order to ensure that any future political rallies or protests may be robustly denied access to Queens Square and Llwyn Isaf. 4.6 The Chief Legal and Democratic Services Officer recommends that the protocol should be amended to include a clause that strengthens the Council’s position by stating that ‘no activities or events can be held to promote parties, groups, organisations or individuals for political purposes, or for canvassing.’ 4.7 At the Executive Board of 1 July 2008, the Wrexham Peace and Justice Forum requested clarity on the Council’s policy with regard to the display of weapons by the Armed Forces either during planned marches or as part of recruitment events held in the town centre. Since that time the Armed Forces, have had to request approval from Members on each separate occasion as no ongoing agreement has been made. 4.8 As part of the policy review, the Chief Executive requested that consideration should be given to the range of events at which the Armed Forces may request. Whether or not it was appropriate to have weapons on display and whether or not this should be included in a revised protocol document. 4.9 Wrexham has a strong tradition as a garrison town. As such, soldiers either returning from, or in advance of being deployed overseas have traditionally paraded through Wrexham town centre. Many of these parades have participants who are either former or current residents of the county borough who are serving members of the Armed Forces. Therefore, there is often a strong and emotional local connection and many have families and friends from the county borough. 4.10 Since September 2008 The Royal Welsh Regiment has been granted the honorary Freedom of the County Borough by the Council. This continued the tradition that was begun in 1946 when its regimental predecessors’ enjoyed the honorary freedom of the Borough of Wrexham and subsequently Wrexham Maelor. The rights of freedom confer upon the Regiment ‘the right, privilege, honour and distinction of marching through the streets of the County Borough of Wrexham with colours flying, bayonets fixed, drums beating and bands playing.’ 4.11 If the display of weapons is restricted on Queens Square and Llwyn Isaf it creates an anomaly, in so much that only units of The Royal Welsh Regiment would be able to display weapons, whilst other branches of the Armed Forces would not be able to do so. 4.12 The Armed Forces Recruitment office located on Rhosddu Road has regularly used Queens Square and/or Llwyn Isaf for events. It uses a variety of formats to showcase the Armed Forces both as a career opportunity and to show the public the work that they undertake. These events include the display of deactivated weapons which are used as an integral part of their current peace-keeping duties. Events normally also include a variety of activities and displays such as a climbing wall, video presentations and military vehicles, including some with fixed weapons, such as armoured cars. 4.13 The Wrexham Peace and Justice Forum has objected to these events because of concerns that young children are being exposed to weapons in an inappropriate way and that the Armed Forces do not explain the damage that they can do. The Armed Forces response is that they are being completely honest in that a major part of their role necessitates the deployment of this equipment. 4.14 Members are requested to consider and agree whether the recruitment days should be permitted and, if they are permitted, whether there should be any restrictions upon the elements allowed. 4.15 Members are also asked to agree that in the case of dispute, the final decision as to whether or not Queens Square and Llwyn Isaf may be used for a particular purpose will be delegated to the Chief Economic Development Officer in consultation with the Chief Legal and Democratic Services Officer, together with the Lead Member for Regeneration and Corporate Governance. Any decision having regard to the approved protocol. 5. CONSULTATION 5.1 The local Member for Grosvenor has been consulted and is supportive of the adoption of the revised protocol including the permissions for marching and for recruitment purposes. 6. Scrutiny Committee Comments 6.1 This matter has not been considered by a Scrutiny Committee. 7. IMPLICATIONS 7.1 Policy – The Town Centre Strategy and accompanying Action Plan will need to be updated and amended in line with Member approval of the revised Protocol. 7.2 Budget – There are no budgetary implications. 7.3 Legal – There are no legal implications 7.4 Staffing – There are no staffing implications. 7.5 Equalities – the Equalities Impact Assessment for the Town Centre Strategy and Action Plan has been completed in February 2011. BACKGROUND PAPERS None LOCATION WEBSITE INFO. Updated January 2011 Queens Square & Llwyn Isaf Protocol and Charging Policy 2010 1. Application to use Queens Square and Llwyn Isaf (‘the event area’) (Plan attached at Appendix 1) for an event should be made to the Town Centre Manager on the appropriate form. If permission to use the event area or any part thereof is granted it will be subject to the following conditions: a) b) c) d) e) f) g) h) i) j) k) That the use will not cause unreasonable noise nuisance to occupants of nearby offices and shops. That the activity is not illegal, or in the opinion of the Town Centre Manger is offensive to public morals, or may lead to public disorder. That users take all necessary precautions against damage to the event area, street furniture or floral displays caused by the deposit of fluids from vehicles or other damage from any materials, machines or equipment brought into the area. That users agree to cover the full costs of reinstatement arising from damage to the event area caused by the actions or default of the users, their employees, or invitees or by any equipment or vehicle brought onto the event area by any of the above; That users observe any specific requirements of the Town Centre Manager e.g. employment of the police, security patrols, locking of bollards etc; That users ensure that they have Public Liability Insurance of £5 million or such other level of cover as may specified by the Town Centre Manager and they will take due care for the safety of participants, employees and general public drawn to the area at their invitation or as a result of their use of the event area; Users will indemnify the Council from and against all claims, demands, costs or liability arising out of the hire of the area or facilities (see relevant form) If, at the discretion of the Police, Town Centre Manager, or their nominated representatives, users are required to vacate the event area at any time during an event, they will comply immediately. Events will not be permitted which in the opinion of the Town Centre Manager promote political parties, groups, organisations or individuals, or which are deemed to be political canvassing. Events which are considered by the Town Centre Manager to be discriminatory or offensive to any persons or contrary to the Council’s ‘One Wrexham Charter’ will not be permitted. In the case of dispute, the final decision as to whether or not the event area may be used for a particular purpose will be at the discretion of the Chief Economic Development Officer in consultation with the Chief Legal and Democratic Services Officer and the Lead Member for Regeneration and Corporate Governance. 2 3 4 5 6 Preference in the use of Queens Square and Llwyn Isaf will be given to events of a high quality that will encourage visitors to Wrexham and appeal to local people. Queens Square will not be available for bookings on Mondays, due to the weekly outdoor market and every third Friday of the month due to the monthly Local Produce Market . Charitable organisations requiring licences for street collections should apply to the Council’s Licensing Dept, Housing and Public Protection, High Street, Ruabon, after first gaining permission to use Queens Square and on Llwyn Isaf. Organisations that are deemed to be working in direct competition to the aims and objectives of the Council will be not be permitted to use Queens Square or Llwyn Isaf. The Town Centre Manager reserves the right to refuse any application. Precise location of the event on Queens Square and/or Llwyn Isaf will be agreed with the Town Centre Manager at the time of booking. Charging Policy for Queen’s Square/Llwyn Isaf 1 Charges as laid out below are per day. Longer periods may be booked at a reduced rate at the discretion of the Town Centre Manager. 2 An electricity supply is available upon request at the time of booking. A £100 connection fee is payable per unit/exhibition requiring electricity. 3 A water supply may be available upon request at the time of booking. A charge of £50 is payable per unit/exhibition requiring water connection. Queens Square/Llwyn Isaf Daily Charge Wrexham based Charitable Organisations/Council departments £30.00 National or Regional Charities £60.00 Commercial enterprises : £ 125 Entertainers : With vehicle or ride Without vehicle or ride £60.00 per vehicle/ ride £35.00 Bandstand No charge Use by Armed Forces No charge VAT is not chargeable as this use is an exempt supply.