TABLE OF CONTENTS

SECTION

Page

CHAIR’S FOREWORD

3

1.0 INTRODUCTION

4

2.0 KEY OBJECTIVES AND SCOPE

4

3.0 APPROACH

5

4.0 KEY FINDINGS

4.1 Level of Anti-Social Behaviour Crimes related to Alcohol in the County

4.2 Regulatory Controls and Changes to the Statutory Context

4.3 Consultation

7

11

19

5.0 CONCLUSION

24

6.0 RECOMMENDATIONS

25

APPENDICES

A: Analysis of alcohol related crimes by Police sector and beat areas 2008/09 and 2009/10 (Hard copy only)

B: Regulatory controls for alcohol related Anti-Social Behaviour

C: Designated Public Place Orders – Processes and Procedures

D: Step-by-step approach for applications to the Magistrates’ Court for a Drinking Banning Order and a Drinking Banning Order on conviction in criminal proceedings.

E: Map of consultation responses in community network areas (Hard copy only)

Glossary of Terms

26

31

36

40

Chair’s Foreword

Dear Colleagues,

Anti-social behaviour can have a devastating impact on its victims and alcohol related anti-social behaviour can lead to violent crime, public assaults, criminal damage as well as other offences.

It is a subject that this Committee has looked at closely over the years. Whilst we recognise that the Community Safety Partnership has successfully focused on this and other types of crime in the county over the years and that this county is one of the safest places to live and work in the United Kingdom, we also know that any level of anti-social behaviour should not be tolerated.

We decided to have a look at how both existing and new regulatory controls and other initiatives were being used in the county to tackle the issue of alcohol related crime and at its incidence across the county. We have also asked a wide range of individuals, local members and local communities about what they think about alcohol related anti-social behaviour in their area and see if we could suggest any improvements to how things are currently being done.

We would like to express our utmost appreciation for the help and invaluable input of our partners in Dyfed Powys Police and the Police Authority into this review and also for the hard work of all the officers involved. They have been key to shaping the recommendations included here.

I, as Chair, also wish to thank my fellow members of this Group for their enthusiasm and contributions to our conclusions and recommendations, made regardless of political belief. I am sure that the findings of this Group will inform the key issues to be taken forward by the Community Safety Partnership and will, I hope, help us all respond to the challenges we face now and in the coming years.

Cllr. Stephen James

1.0 Introduction

1.1 Anti-social behaviour (ASB) was identified at local Partners and Communities Together (PACT) meetings as the highest neighbourhood priority across the county during 2009/10.

Top Five Neighbourhood Priorities April 2009 – March 2010

1.2 The Social Justice, Crime and Disorder Scrutiny Committee has also considered this a high priority since its inception in 2004 and has monitored the progress of the Community Safety Partnership (CSP) over the years in dealing with all forms of ASB by the use of warning letters and targeted partnership initiatives aimed managing the night-time economy, such as; the Behave or be Banned scheme (BOBB), safer drinking initiatives and underage drinking. It recognises the successes of the CSP and Dyfed Powys Police in significantly reducing all levels of crime across the county over the last 5 -10 years, including ASB. It also recognises however that any level or type of ASB can have a significant and serious impact on its victims; whether individuals, diverse groups or local communities.

1.3 The Committee was aware that a review was to be undertaken by the Community Safety Partnership looking at all aspects of ASB however it was interested in looking specifically at alcohol related ASB in the county and the range of regulatory controls available to deal with this. Two controls have not previously been used in the county, namely Alcohol Consumption Designated Public Place Orders (DPPOs) which have been in existence for some time and used in other areas in England and Wales. Drinking Banning Orders (DBOs) are a relatively new control and are being rolled out across England and Wales. They have been used in some areas already against individuals, whose drinking persistently results in ASB.

1.4 The Committee was interested in seeing if these controls would be appropriate for use in Carmarthenshire as well as seeing how effective other controls were in regulating alcohol related ASB.

1.5 It therefore agreed to undertake a task and finish review at its meeting in April 2010. The Group commenced its work at the end of May 2010.

2.0 Key objectives and scope

2.1 The main aims of the review were to ensure appropriate criteria and processes are introduced for the use of the relevant regulatory controls; in particular Designated Public Place Orders and Drinking Banning Orders.

2.2 The scope included;

And excluded;

3.0 Approach

3.1 The membership of the Group is as follows:

3.2 The Scrutiny and Consultancy Unit within People Management and Performance in the Chief Executive’s Department has provided research and general support. The Group invited the following officers to participate;

The following representatives from Dyfed Powys Police and the Police Authority were also invited as specialist advisors;

3.3 The Group agreed to extend the review to undertake a comprehensive consultation exercise which included the following stakeholders;

The following questions were agreed by the Group;

Additional comments were asked for where the survey format allowed. The Group also sought the views of the Magistrates Courts Service in relation to the effectiveness of the existing powers and sentencing guidelines.

3.4 The Group has considered in depth the guidance issued by the Home Office in relation to alcohol-related regulatory controls and also ensured that all local members were sent a copy of the guidance issued for Councillors in Wales in February 2010.

3.5 During the course of the review, the Home Office published two consultations, “Rebalancing the Licensing Act” and “More Effective Responses to Anti-social Behaviour”, which will affect the existing regulatory powers. The Group has considered the potential impact of the proposed changes as part of this review.

3.6 The Group has also benefited from the close involvement of Dyfed Powys Police in the review through the sharing of detailed information of the level and types of alcohol related crimes and ASB incidents reported in the county, as well as details of specific targeted initiatives and use of various powers in hotspot areas in the county.

DATE

ISSUES

Meeting 1

25th May 2010

    Project planning and scoping

    Home Office ASB Guidance for Councillors Wales

Meeting 2

16th July 2010

    Legal framework

    Local context and evidence

    Best practice research

Meeting 3

10th September 2010

    DPPO best practice research

    Geographical analysis ASB crime statistics

    Licence reviews and hotspots identified through the Licensing Policy review

    Consultation planning

    Guidance re DPPOs and DBOs

Meeting 4

12th October 2010

    Update DPPO best practice research

    Consultation update

    Response to Home Office consultation “Rebalancing the Licensing Act”

Meeting 5

25th November 2010

    Consultation with the Magistrates’ Court Service

    Consultation results Licensing Policy review

    DPPO and DBO draft process maps

    Section 27 powers, Direction to leave, and Dispersal Orders

Meeting 6

24th January 2011

    Draft DBO process maps

    Analysis of alcohol related ASB over Christmas and New Year

    Consultation initial results

    Review of evidence to date

    Consultation responses to “Rebalancing the Licensing Act”

Meeting 7

21st February 2011

    DBO process maps and case studies

    DPPO process map and summary of research

    Section 27 powers, Direction to leave, update

    Update for “Rebalancing the Licensing Act”

    Home Consultation February 2011 “More Effective Responses to ASB”

    Consultation results

    Draft recommendations

Meeting 8

21st March 2011

    Consultation final results

    Draft final report

Meeting 9

6th April 2011

    Confirm the final report and recommendations

4.0 Key Findings

4.1 Level of Anti-Social Behaviour Crimes related to Alcohol in the County

4.1.1 The crimes reviewed included

Figure 1a

Figure 2b

Table 1

Alcohol related Crime %age change 2008/09– 2009/10

Amman Towy

Carmarthen

Llanelli Rural

Llanelli Town

Criminal damage

-47%

-32%

-48%

-4%

Public assault

0%

-19%

-27%

-5%

Public order crimes

-35%

-36%

+17%

-5%

Street drinking

-31%

-57%

-38%

-20%

Figure 3: Geographical analysis of crimes under review and those relating to alcohol

4.2 Regulatory Controls and Changes to the Statutory Context

4.2.1 The Group considered the existing regulatory controls for dealing with alcohol related anti-social behaviour which can be categorised into three groups;

4.2.2 A full list of the powers is included in Appendix B however the Group focused primarily on two key powers which have not previously been used in the county;

4.2.3 The Group also considered other powers being used to by Dyfed-Powys Police to target specific areas where there has been alcohol related anti-social behaviour, mainly s27 Leave Area Direction and Penalty Notices for Disorder. A Dispersal Order had also been used in a specific area in the county some years ago.

4.2.4 During the course of the review, the Home Office published two consultations, “Rebalancing the Licensing Act” and “More Effective Responses to Anti-Social Behaviour”, which will affect the existing regulatory powers. The Group considered the potential impact of the proposals on how alcohol-related anti-social behaviour can be dealt with in the future.

4.2.5 Alcohol Consumption Designated Public Place Orders (DPPOs)

4.2.5.1 A local authority may, in consultation with the police, designate an area where nuisance or disorder has been associated with the consumption of alcohol. In such a designated area, a constable, PCSO or ‘designated person’ may require a person who is, has been, or intends to consume, alcohol, not to consume alcohol and/or surrender alcohol in his possession, and may then dispose of that alcohol. Failure to comply is an offence punishable by a fine of up to 500.

4.2.5.2 Between June and October 2010, research was undertaken to gain insight into the use of Designated Public Place Orders (DPPOs) and best practice in tackling alcohol-related anti-social behaviour. All Community Safety Partnerships in Wales were asked to contribute to the research and six English local authorities were also contacted as their use of DPPOs was known to the task and finish group.

4.2.5.3 All participants were asked the following questions:

4.2.5.4 Findings

Nine Welsh local authorities participated in the research (Bridgend, Caerphilly, Cardiff, Ceredigion, Conwy, Neath Port Talbot, Rhonda Cynon Taff, Swansea and Torfaen.) The six English local authorities who contributed were Barnsley, Blackpool, Brighton, Newquay, Portsmouth and Shropshire.

4.2.5.5 Displacement

4.2.5.6 Evaluation.

4.2.5.7 Use as part of a wider approach

4.2.5.8 Other measures used to tackle problems of underage drinking:

4.2.5.9 Summary

Where DPPOs have been introduced, they are viewed positively in the majority of cases and are deemed to have had an impact on the problem of alcohol-related anti-social behaviour. A well implemented Order can be an effective tool for reducing crime and disorder and can help reassure the public, but the issues of dispersal and displacement require careful management. A number of common issues arose in the research. These included;

4.2.5.10 Many of the DPPOs are relatively new so only time will tell how effectively they are utilised and monitored.

4.2.5.11 The Group considered that the weight of evidence available from the review of relevant crime statistics, consultation results and research clearly shows that a county-wide DPPO would not be justified or enforceable in Carmarthenshire.

R1: That evidence shows that a county-wide Designated Public Place Order would not be appropriate in Carmarthenshire.

4.2.5.12 The Group believes however that the research clearly shows that a DPPO might be appropriate in specific areas if supported by evidence from the Police and local communities. It has therefore developed a protocol for the consideration of any representations for DPPOs and how they are implemented as attached in Appendix C. It should be noted that the process for consideration and introduction of a DPPO would be likely to take a minimum of 6 and up to 8 months given the need to undertake detailed consultation with local communities in line with a statutory process and a final decision by full Council. It should also be noted that DPPOs will incur associated costs depending on the level of consultation required for a specified area and notices in the local press at different stages of the process.

R2: To recommend the adoption of the process (Appendix C) for consideration of requests for Designated Public Place Orders in specific areas.

4.2.6 Drinking Banning Orders (DBOs)

4.2.6.1 The aim of a DBO is to protect persons and / or property from further conduct by a person whilst under the influence of alcohol. These orders can be made either following conviction for an offence committed whilst under the influence of alcohol or by way of a separate application by the police or local authority. The order prohibits persons over 16 from doing anything described in the order and it lasts between 2 months and 2 years. Breach of the order is punishable by a fine of up to 2500. The order can include banning an individual from all on and off licensed premises in a specific area.

4.2.6.2 It is necessary to identify where a DBO might be appropriate for an individual. This would involve liaison between the Police and Local Authority although there is a UK Coalition Government proposal that Health will also be a responsible authority under the licensing policy.

4.2.6.3 The issue of vulnerable individuals must be considered, as a DBO is not appropriate if an individual is recognised as suffering from alcohol dependency (e.g. a registered alcoholic). Some individuals may not be dependent on alcohol however its effects may result in their persistent ASB and acts of crime and disorder.

4.2.6.4 A DBO could therefore be appropriate where a person is 16 years or older and it is true that they have engaged in criminal and disorderly conduct when drunk and the order is necessary to protect other persons from such conduct.

4.2.6.5 Dyfed Powys Police and the Crown Prosecution Service will be able to apply for a DBO on conviction from April 2011. As a result of this, the Authority and Dyfed Powys Police have been considering the appropriateness of DBOs in relation to specific individuals in the county whose drinking has resulted in persistent criminal and disorderly conduct in parallel with the review. No individuals have been identified to date.

4.2.6.6 The Group has reviewed and mapped processes necessary to apply for Drinking Banning Orders against an individual or on conviction. The introduction of these processes forms part the Council’s Outcome Agreement Grant.

R3: To recommend the adoption of the Court application processes for Drinking Banning Orders against an individual or on conviction (Appendix D).

4.2.6.7 Case studies: The Group considered the use of DBOs in various parts of England. Their use against persistent troublemakers was generally deemed to be positive and one area applied for more than 15 DBOs on conviction in the first week this was possible. Some of the comments made about specific cases include;

4.2.6.8 One high profile case involved a DBO of 2 years across England and Wales against a young woman due to the number of drink related incidents she had been involved in and 25 appearances in court. The DBO was made in April 2010 and initially the individual asked friends to buy alcohol for her. However she was subsequently offered free rehabilitation treatment abroad due to the media attention the case received. On her return to the UK she relapsed and was fined for the breaching the DBO. She has since returned to the treatment centre.

4.2.6.9 Issues to consider;

4.2.7 Penalty Notices for Disorder

4.2.7.1 Penalty Notices for Disorder (PND) were introduced by the Criminal Justice and Police Act 2001 for a range for low level offences including offences such as Section 5 Public Order (causing harassment, alarm or distress), drunk and disorderly, being drunk in a public place, criminal damage under 500 and theft (retail under 200). They can be issued by a constable or PCSO and the amount of penalty fine will vary according to the offence. Key points include:

4.2.7.2 The Group considered information provided by Dyfed Powys Police about the use of PNDs in the county over a 3 month period in Table 2 below. A total of 63 PNDs had been issued of which 5 or 8% had been issued for being drunk and disorderly. One PND had been issued against someone buying or attempting to buy alcohol on behalf of a person under 18.  

Table 2: PND use in Carmarthenshire (April 2010 – June 2010) – TOTAL 63

Month

Offences

No.

Street or custody

Total

April 2010

Drunk and Disorderly

Section 5 Public Order

Cannabis possession

Theft (retail under 200)

Buys or attempts to buy alcohol on behalf of a person under 18  

4

4

6

2

1

Street – 2

Custody - 15

17

May 2010

Drunk and Disorderly

Section 5 Public Order

Cannabis possession

Theft (retail under 200)

Damage to property (under 500)

1

9

12

5

4

Street – 0

Custody - 31

31

June 2010

Section 5 Public Order

Cannabis possession – 3

Theft (retail under 200) – 3

Damage to property (under 500)

8

3

3

1

Street – 1

Custody - 14

15

4.2.8 Section 27 Powers, Direction to Leave

4.2.8.1 This applies where the presence of a person over 16 in a public place (including licensed premises, but not a private members club) is likely to result in alcohol related crime and disorder a uniformed constable may issue that person with a written direction to leave that place for up to 48 hours. Failure to comply is an offence punishable by a fine of up to 2500.

4.2.8.2 The Group considered the use of Section 27 powers by Dyfed Powys Police which has increased over the last year. A fixed penalty of 100-120 is given if the notice is breached and the individual can also be arrested. A new approach was piloted in Llanelli Town over a three month period. Licensed premises in the town contacted the Police when evicting troublemakers, who then issued S27 notices to the individuals concerned. This resulted in a higher number of notices in the area and is considered a successful way of ensuring that troublemakers cannot continue their behaviour in the same area.

Table 3: Section 27 Notices 23rd November 2010 – 13th February 2011

4.2.8.3 Dyfed Powys Police has piloted the use of the S.27 Leave Area Direction orders linking with licensed premises in Llanelli town when evicting troublemakers which has resulted in a higher number of orders in the area. The new approach has had a positive impact and rolling it out in other areas of the county is being considered.

4.2.9 Dispersal Order

4.2.9.1 Where a police superintendant believes that people have been intimidated, harassed, alarmed or distressed as a result of the presence of groups of 2 or more persons in a public place and ASB is a significant problem in the area they may authorise a police constable for up to 6 months to require such groups to disperse, direct non-residents to leave the locality and prohibit non-residents from returning to a locality for up to 24 hours. Failure to comply is an offence punishable with a fine of up to 2500 and/or a 3 month custodial sentence.

4.2.9.2 Background: The NPT for the Tyisha ward expressed concerns at the high level of reports of anti-social behaviour for their policing area in 2005/06. Local residents and key community members also expressed concerns that there had been an increase in youth annoyance and ASB in certain ‘pockets’ of the ward.

4.2.9.3 Further analysis was undertaken including of the data, from meetings with partners and the community and the use of public questionnaires. The issue appeared to surround youths congregating in a particular part of the ward and it was clear that alcohol was a contributory factor.

4.2.9.4 Part of the solution was a Dispersal Order. In line with the Home Office guidance, the appropriate process was followed including; a robust training package for all police officers, a media campaign utilising local newspaper and radio and the ‘mechanics’ of the Dispersal Order legislation were explained as a community message.

4.2.9.5 One factor that seemed to have positive effects were several visits made to the designated area by NPT officers to speak to the youths themselves prior to the commencement of the Order. Over a period of five days NPT officers spoke with the youths, explained the legislation and why the Order was being introduced as well as the impact their behaviour was having on the local communities.

4.2.9.6 Posters were displayed in prominent locations within the designated area. The posters detailed the designated area and detailed the streets and areas where officers would be focussing on under this legislation. Again, police officers invested good time by showing the local youths the posters and explaining to them where the designated zone was.

4.2.9.7 Upon commencement of the Order, officers were tasked with carrying out robust and focussed patrols within the designated area. The Order ran for a period of 6 months.

4.2.9.8 Evaluation: The ASB issue was believed by some to have been resolved prior to the commencement of the Order due to the media coverage and the officers’ time spent actually speaking to the youths. During this period before the Order commenced, 19 persons were moved away from the area and 1 arrested for possession of drugs. Of the 19 youths moved away from the designated area, 12 resided in a neighbouring ward. No persons were found to be vulnerable i.e. under 16 years old after 9pm. The NPT officers covering the area reported an immediate improvement.

4.2.9.9 Warnings and explanations that a Dispersal Order was in place had to be given to numerous youths in the area over the first two weeks but this requirement soon disappeared.

4.2.9.10 NPT officers decided that the true gauge of success was to revisit the local residents in order to establish their views. The response was overwhelming. All 70 residents visited stated that they had seen a marked improvement and they felt safe in their homes. 90% of residents expressed their wish that the Order continue. There were no reported signs of displacement of this problem.

4.2.10 Changes to the Statutory Context

During the course of the review, the Home Office published two consultations, “Rebalancing the Licensing Act” and “More Effective Responses to Anti-social Behaviour”, which will affect the existing regulatory powers.

4.2.10.1 Rebalancing the Licensing Act

The consultation responses for “Rebalancing the Licensing Act” were published in January 2011 and the UK Coalition Government intends using the Police Reform and Social Responsibility Bill to introduce changes to the Licensing Act 2003. Key changes include the following;

The expectation is that all the proposed key changes will be implemented.

4.2.10.2 Late- Night Levy

A further key change will be the introduction of powers to allow licensing authorities to charge a late-night levy to pay for policing the night-time economy and other services such as taxi marshalling or street wardens. This would be for a maximum period between midnight and 6am and applied annually to any licensed premises operating within the specified time period and area. The levy would be set nationally however licensing authorities will have the discretion to offer discounts or exemptions where, for example, licensees are members of schemes which mitigate the effects of alcohol related crime and disorder.

4.2.10.3 The Group considers this a power that should be utilised in the county when it is introduced where hotspot areas have been identified.

R4: The Group strongly supports the use of the late night levy in the county, as proposed under the Home Office 2010 consultation “Rebalancing the Licensing Act” and due to be introduced through the Police Reform and Social Responsibility Bill.

4.2.10.4 The UK Coalition Government also intends using the Rights and Freedom Bill to repeal Alcohol Disorder Zones.

4.2.10.5 Underage Drinking

Another key change is to double the maximum fine for persistent underage sales to 20k and also allow licensing authorities and the police to shut any premises doing so permanently. The period of voluntary closure that can be given for persistent underage sales will also be extended from a maximum of 48 hours to a minimum for 48 hours to a maximum of 2 weeks.

4.2.10.6 Previously in Carmarthenshire test purchasing exercises have been carried out annually utilising Home Office funding, as well as funding of 3k from the Community Safety Partnership, and funding from within the Public Protection Service. Each test purchasing activity costs 3k and covers a period of 6 to 10 weeks during which 6 to 10 tests are done each evening. There have been 3 operations carried out each year at targeted areas based on intelligence from various sources including; PACT meetings, local communities, individuals and local members. Individuals making such sales and the premises manager can be prosecuted and the Authority or the Police can also seek a review of the premises licence. During 2009.10 the Licensing Team dealt with 13 review requests, 11 of which were made by the Police, which included 6 Reviews requested specifically as a result of underage alcohol sales arising from test purchasing exercises undertaken at licensed premises and a further 3 others initiated as a result of school parties held at licensed premises. During 2010.11 the Licensing Team dealt with 8 review requests, all arising from test purchases undertaken by Trading Standards.

4.2.10.7 The funding for test purchasing from the Home Office has now been withdrawn and it is likely that the contribution from the CSP will diminish in the coming years. The Public Protection budget is also experiencing pressures which mean the Division must focus primarily on meeting its statutory responsibilities and will have less funding available for future test purchasing exercises. The Group consider test purchasing to be a highly effective means of dealing with underage sales and drinking. The proposed changes will enhance the deterrent effect of prosecutions and licence reviews resulting from persistent underage sales. The Group therefore feels that the current level of test purchasing should be sustained at least and that consideration should be given to increasing the level of funding available by exploring alternative avenues of funding. There could be potential to engage with specific town or community councils where intelligence shows underage sales and drinking are persistent problems for funding for local test purchasing exercises. The possibility of using the late night levy to fund test purchasing should also be explored when this is introduced.

R5: To recognise the effectiveness of and vital role test purchasing plays in dealing with underage drinking and consider investigating alternative avenues to increase the funding for this.

4.2.11 More Effective Responses to Anti-social Behaviour

This consultation was published in February 2011 and contains proposals to change the toolkit of powers to deal with all aspects anti-social behaviour. The overall aim is to streamline the range of powers. The Group considered the proposals specifically in relation to changes to the powers to deal with alcohol related ASB as shown in Table 4 below.

Table 4

Existing system

Proposed Changes

Designated Public Place Order

Community Protection Order (Level 2) – a local authority / police power to restrict the use of a place or apply to the courts to close a property linked with persistent anti-social behaviour.

Breach would be a criminal offence and punishable by a fixed penalty of 50 or arrest and prosecution for a level 2 fine up to 500 (except for breach of premises closure)

Crack House Closure Order

Premises Closure Order

Brothel Closure Order

Special Interim Management Orders

Gating Order

Dog Control Order

Direction to leave

Police ‘Direction’ Power – a power to direct any individual causing or likely to cause crime or disorder away from a particular place for up to 48 hours, and to confiscate related items

Dispersal Order

4.2.11.1 Other proposals relate to changes to ASBOs, Individual Support Orders and Intervention Orders which are to be replaced to by Criminal Behaviour Orders and Crime Prevention Injunctions. A Community Protection Order (Level 1) is to be introduced to replace ASB relating to litter, noise and graffiti.

4.2.11.2 The proposals also include the introduction of a community trigger for persistent anti-social behaviour which has not been addressed by community safety partners. This would impose a statutory duty on the Community Safety Partnership to take action where victims or communities have raised the same issue repeatedly but where local agencies have failed to respond. The new Police and Crime Commissioners would hold agencies to account for their response and have a power of ‘call-in’ if the action was inadequate.

4.2.11.3 The Group considers that best practice would be to take a partnership approach when considering any representations from individuals or communities in relation to persistent alcohol-related anti-social behaviour. It therefore makes the following recommendation;

R6: That any representations for further interventions linked with alcohol-related anti-social behaviour be considered in partnership with other agencies.

4.3 Consultation

4.3.1 Approach

The Group agreed to undertake a comprehensive consultation exercise with a wide range of stakeholders. This took place from September to December 2010. The survey questions were developed by the Members and Officers of the Group together with representatives of Dyfed-Powys Police and Dyfed Powys Police Authority. The questions related to people’s experiences and perceptions of alcohol related anti-social behaviour as follows;

4.3.2 A total of 2,275 responses were received from the following sources;

Table 5

4.3.3 Results

4.3.3.1 Q.1: Have you experienced or seen any alcohol related anti-social behaviour in your neighbourhood in the past 12 months? (Question sample size: 2275)

79% (1790) of respondents had not experienced or seen any alcohol related anti-social behaviour in their neighbourhood in the past 12 months, while 21% (485 respondents) had.

4.3.3.2 Q.2: Did you report the alcohol related anti-social behaviour you had experienced or seen? (Question sample size: 485)

Of those who had experienced or seen alcohol related anti-social behaviour, 276 (57%) respondents did not report it, while 209 (43%) did.

4.3.3.3 Q.3: Why did you not report it? (Question sample size: 276)

Please note: As this was a multiple choice question, the responses will not tally to 100%.

Of those who did not report the alcohol related anti-social behaviour they had witnessed,

45% stated ‘Other’ (69 respondents) or ‘Don’t know’ (55 respondents) and did not provide any further details.

4.3.3.4 Q.4: To what extent is alcohol related anti-social behaviour a problem in your neighbourhood? (Question sample size: 2275)

69% (1570) of respondents believed that alcohol related anti-social behaviour (ASB) was not a very big problem in their neighbourhood, 14% (318 respondents) thought it was a fairly big problem and 3% (68 respondents) felt it was a very big problem.

4.3.3.5 Q.5 What types of problems does alcohol related anti-social behaviour cause in the neighbourhood?(Question sample size: 2275 )

Over half of respondents 55% (1251) felt that there were no problems caused by alcohol related anti social behaviour within the neighbourhood. However the remainder cited the following;

There were also 118 respondents (5%) who thought it caused ‘other’ problems as follows

4.3.3.6 Q. 6 Any other comments

All respondents (except in the residents’ survey) were asked for any other comments and emerging themes included.

4.3.3.7 It was possible to identify some specific areas where respondents had reported alcohol related ASB as a fairly big or very big problem. (Maps for responses within the community network areas are included in Appendix E). These were as follows;

4.3.3.8 Many of these correspond with areas identified through analysis of the recorded crime statistics. It must be noted also that the surveys are based on individual perceptions about alcohol related ASB which can vary greatly from person to person.

4.3.3.9 Whilst the Group recognises that in relative terms to the rest of the UK the level of ASB reported and experienced is not high. However the Group also recognises that any level or type of ASB at all can have a serious and sometimes devastating impact on its victims. The Group therefore recommends the following:

R7: To raise public awareness of how to report alcohol related Anti-Social Behaviour and encourage people to report it so that the Police, Council and other relevant agencies can consider the most appropriate way of dealing with it at a local level

4.3.4 Consultation with the Magistrates’ Court Service

The Group asked the Magistrates’ Court Service for its views about existing sentencing powers and whether they were sufficient both in terms of the sentences they can impose and the ancillary orders that they can make. The response stated that the Service they did cover their sentencing needs. In relation to additional powers regarding DBOs and DPPOs, the justices were of the opinion that they would be powers that could assist them when sentencing.

The Group feels that, whilst fully respecting the independence of the Magistrates’ Court Service, it is important for responsible authorities to assist it in its duties in recognising the impact of ASB and alcohol related crimes and incidents on individuals, households and local communities. The Group notes that the Probation Service provides regular reports to the Courts’ Bench meetings, which will now be on a countywide basis. This could potentially be a forum to which the Community Safety Partnership could also provide information.

R8: That the Community Safety Partnership considers engaging with the Magistrates’ Courts Service to ask what wider information could be provided to the Magistrates’ Courts Service about the impact of crime on local communities in order to assist it in its duties.

5.0 Conclusion

The Group considers that ASB and alcohol related ASB will continue to be a high priority for local communities and the Community Safety Partnership, particularly given the potential impact and negative social consequences of the difficult economic outlook in the years to come. It therefore recommends the following;

R9: To report back to the Committee in relation to the evaluation of the effectiveness of the range of interventions against alcohol related anti-social behaviour; including the use of S27, Direction to Leave power and Designated Public Place Orders, if introduced in specific areas.

6.0 Summary of Recommendations

R1: That evidence shows that a county-wide Designated Public Place Order would not be appropriate in Carmarthenshire.

R2: To recommend the adoption of the process (Appendix C) for consideration of requests for Designated Public Place Orders in specific areas.

R3: To recommend the adoption of the Court application processes for Drinking Banning Orders against an individual or on conviction (Appendix D).

R4: The Group strongly supports the use of the late night levy in the county, as proposed under the Home Office 2010 consultation “Rebalancing the Licensing Act” and due to be introduced through the Police Reform and Social Responsibility Bill.

R5: To recognise the effectiveness of and vital role test purchasing plays in dealing with underage drinking and consider investigating alternative avenues to increase the funding for this.

R6: That any representations for further interventions linked with alcohol-related anti-social behaviour be considered in partnership with other agencies.

R7: To raise public awareness of how to report alcohol related Anti-Social Behaviour and encourage people to report it so that the Police, Council and other relevant agencies can consider the most appropriate way of dealing with it at a local level

R8: That the Community Safety Partnership considers engaging with the Magistrates Courts Service to ask what wider information could be provided to the Magistrates’ Courts Service about the impact of crime on local communities in order to assist it in its duties.

R9: To report back to the Committee in relation to the evaluation of the effectiveness of the range of interventions against alcohol related anti-social behaviour; including the use of S27, Direction to Leave power and Designated Public Place Orders, if introduced in specific areas.

Regulatory Controls for alcohol-related Anti-Social Behaviour Appendix B

These can be categorised into 3 groups;

Powers relating to Individuals

1. Acceptable Behaviour Contracts/Parenting Contracts

These are written voluntary agreements between a person involved in ASB (or their parent) and a relevant agency. They can be used with a person of any age. They are usually employed as a preliminary to seeking as Anti-Social Behaviour Order (ASBO) or parenting order. There are no specific sanctions for breaching such a contract.

2. Parenting Order

A local authority can apply for such an order where an ASBO is made in respect of a child or where a child is convicted of an offence. Breach of the order is a criminal offence punishable by a fine of up to 1000.

3. Conditional Cautions

The police can caution an offender aged 18 or over and attach conditions to the caution aimed at rehabilitation and/or reparation. These can be used for low level offences as an alternative to prosecution.

4. Penalty Notices For Disorder

Penalty Notices for Disorder (PND) were introduced by the Criminal Justice and Police Act 2001 for a range for low level offences including offences such as Section 5 Public Order (causing harassment, alarm or distress), drunk and disorderly, being drunk in a public place, criminal damage under 500 and theft (retail under 200).

They can be issued by a constable or PCSO for various low level offences including being drunk and disorderly, selling alcohol to persons under 18 and consuming alcohol in a designated public place. The amount of penalty fine will vary according to the offence.

Key points include:

5. Anti-Social Behaviour Orders

These can be applied for either following conviction for a criminal offence or in separate proceedings. They can include a ban on an individual entering particular areas or premises, or engaging in particular types of conduct. The order lasts up to 2 years. Breach of an ASBO can be punished by a fine of up to 5000 or 6 months imprisonment in the Magistrates Court and an unlimited fine or 5 years imprisonment in the Crown Court

6. Under 18 Alcohol Confiscations

Where a constable or PCSO reasonably suspects that a person in a public place has alcohol & that he, or anyone with him is under 18, and has drunk or is likely to drink that alcohol whilst there, the officer require that alcohol to be handed over and may then dispose of it. The officer may also require that persons name and address. Failure to surrender the alcohol or give details is an offence punishable by a fine of up to 500.

7. Drink Banning Orders

These orders can be made either following conviction for an offence committed whilst under the influence of alcohol or by way of a separate application by the police or local authority. The order prohibits persons over 16 from doing anything described in the order and it lasts between 2 months and 2 years. Breach of the order is punishable by a fine of up to 2500.

8. Section 27 Direction to leave

This applies where the presence of a person over 16 in a public place (including licensed premises, but not a private members club) is likely to result in alcohol related crime and disorder a uniformed constable may issue that person with a written direction to leave that place for 48 hours. Failure to comply is an offence punishable by a fine of up to 2500.

9. Habitual Drunkards

Where a person has been convicted of drunkenness on 3 occasions within 12 months the court may order that the sale of alcohol to him is prohibited. Such a person then commits an offence if they try to purchase alcohol which is punishable by a fine of up to 200.

A premise which knowingly sells alcohol to a habitual drunkard also commits an offence punishable by a fine of up to 25.

10. Other Criminal Offences

Powers relating to premises

1. Unauthorised Sales Closure Notice

Where a premises is being used for the sale of alcohol and the premises is in breach of their licence conditions a constable or licensing officer can issue a closure notice, warning the licence holder that if the unauthorised sales continue or the licence conditions are not complied with an application may be made for closure of the premises. (see 2 below)

2. Unauthorised Sales Closure Order

Where a closure notice (above) has not been complied with, an application can be made within 6 months of service of the notice to the magistrates court closing the premises until the police or licensing authority terminate the order and/or require the unauthorised sales to be discontinued immediately and/or require the defendant to pay a sum of money into court which will not be released until the other requirements of the order are met.

3. Area Closure Order

Where disorder is taking place or expected a police Superintendant may apply to the Magistrates Court for an order requiring specified licensed premises nearby to be closed for up to 24 hours. Breach of such an order is punishable by a fine of up to 1000.

4. Closure Notice for Multiple Sales to persons under 18

Where there have been 3 (now being reduced to 2) sales to persons under 18 within 3 months, a superintendant or weights and measures inspector may serve a notice prohibiting the sale of alcohol for up to 48 hours. By accepting the prohibition criminal liability for the most recent sale, and the offence of persistently selling alcohol to persons under 18, is discharged.

5. Emergency Closure Order

Where a police inspector believes there is disorder at, or in the vicinity of, licensed premises, or that such disorder is imminent, and their closure is necessary in the interests of public safety or to prevent public nuisance due to noise from the premises then they can issue a closure order for up to 24 hours. The officer must as soon as reasonably practicable apply to the Magistrates Court for it to consider the order or extend it, and must also notify the licensing authority. The issue of such an order automatically triggers a review of the premises licence. Breach of such an order is punishable by a fine of up to 20,000 and/or 3 months imprisonment.

6. Part 1A Closure Notice

A Superintendant or the licensing authority may issue such a notice where at any time in the preceding 3 months a person has engaged in ASB in a licensed premises AND that premises is associated with significant and persistent disorder or persistent serious nuisance to the public. The notice must be followed by an application to the Magistrates Court for a Closure Order for up to 3 months. Breach of the closure is punishable by a fine of up to 5000 and/or 51 weeks imprisonment.

7. Review of Premises Licence

Any responsible authority (includes the police, trading standards and public health services) or person living in the vicinity of licensed premises, can apply to the local authority for a review of a licence on the grounds that the premises is causing crime and disorder or public nuisance, undermining public safety or harming children. A licensing sub committee must hear the application and can revoke the licence, suspend it for up to 3 months, remove a licensable activity for up to 3 months, remove the Designated Premises Supervisor from their post, and/or attach additional conditions to the licence.

8. Expedited Review

A Superintendant can request a review of licence within 2 working days if the crime and disorder on the premises is ‘serious’. The licensing authority must hold a review hearing within 48 hours and may revoke the premises licence pending a full review hearing.

Powers relating to Public Places

1. Emergency Designated Area Stop and Search Powers

A police inspector who believes that serious violence may take place in any locality, or that persons are carrying offensive weapons, may give authorisation for up to 24 hours for a uniformed constable to stop and search any person or vehicle. This can be extended a further 24 hours by a police superintendant. Failure to comply with a constable’s request is an offence punishable by a fine of up to 1000.

2. Alcohol Consumption Designated Public Place Orders (DPPOs)

A local authority may, in consultation with the police, designate an area where nuisance or disorder has been associated with the consumption of alcohol. In such a designated area, a constable, PCSO or ‘designated person’ may require a person who is, has been, or intends to consume, alcohol, not to consume alcohol and/or surrender alcohol in his possession, and may then dispose of that alcohol. Failure to comply is an offence punishable by a fine of up to 500.

3. Designated Area Dispersal Orders

Where a police superintendant believes that people have been intimidated, harassed, alarmed or distressed as a result of the presence of groups of 2 or more persons in a public place and ASB is a significant problem in the area they may authorise a police constable for up to 6 months to require such groups to disperse, direct non-residents to leave the locality and prohibit non-residents from returning to a locality for up to 24 hours. Failure to comply is an offence punishable with a fine of up to 2500 and/or a 3 month custodial sentence.

This was used in 2006 in Llanelli town. The DO had lasted for 6 months and, whilst a formal evaluation had not been undertaken, consultation following the end of the order showed that there had been a marked improvement.

4. Curfew

If between 21.00 and 06.00 a uniformed constable finds a person in a public place who is under 16 and not under the effective control of a responsible adult, he may use reasonable force to take that person home provided the person is at risk/vulnerable, or are causing or at risk of causing anti-social behaviour.

5. Alcohol Disorder Zone (ADZ) – to be repealed

Where an ASB problem cannot be isolated from several premises in proximity to each other, the local authority may designate that locality as an ADZ if they are satisfied that there has been nuisance or annoyance to the public or disorder at or near that locality and it is associated with the consumption of alcohol in that locality or with the consumption of alcohol supplied at premises in that locality and there is likely to be a repetition of that nuisance or disorder. Before designating an ADZ the local authority and police must draw up an action plan to tackle ASB in the locality. An ADZ can only be designated if the action plan is not agreed to by licence holders in the locality or it has not been effective after 8 weeks has elapsed. If an ADZ is designated Premises licence holders can be charged each month to pay for extra law enforcement costs.

This power is closely linked to the adoption of a cumulative impact policy, and it may be difficult to justify designating an ADZ if the locality in question is not identified in the authority’s statement of licensing policy as a cumulative impact area.

‘All the research indicates that crime and disorder remains stable since the introduction of the [2003] Act but that powers are being underused.’

(Home Office practical guide June 2009, page 46)


Glossary of Terms

ASB Anti-Social Behaviour

ASBO Anti-Social Behaviour Order

BOBB Behave or Be Banned

CSP Community Safety Partnership

DBO Drinking Banning Order

DO Dispersal Order

DPPO Designated Public Place Order

NPT Neighbourhood Policing Teams

PACT Police and Communities Together

PCSO Police Community Support Officer

PND Penalty Notices for Disorder

1 Lancashire Constabulary September 2010 – DBO borough of Fylde

2 Penzance NPT – DBO Penzance Town January 2011