Operation Nectar Outcomes: • Intelligence shared • 117 Parking Charge Notices • 208 Fixed Penalty Notices (littering, urinating, smoking in work related vehicles, commercial waste from businesses) • 26 licenced and 26 non-licenced drivers spoken to and warned regarding driving in a pedestrian zones, double parking • Spikeys and safe messages shared each night regarding walking alone and covering drinks etc. • Street drinkers/ rough sleepers monitored for violation/problems /vulnerability • Notices issued to move out of the dispersal area • 1 male engaged with to avoid suicide attempt on ring round from a bridge • Drinks removed Castle Street multi and other locations (under 18) • Discovery of unlicensed activity from premises • Compliance matters addressed re alcohol measures, drink tariffs and smoking signs along with highway permissions and noise monitored. With warning letters being issued • http://www.canterburycsp.org.uk/about/community-pledge/
ASB Map
Public Health Data • Deaths due to alcohol -Canterbury has dropped recently with F increasing 0.36, M dropping 0.09 • Alcohol cause for admission -86.5% for Canterbury and two thirds of cases are M -Linked to binge drinking 15-24yrs peak in age of admissions -Age standardised alcohol specific admissions rate consistently higher than Kent and increasing. M 40.72 and F 23.04 • https://fingertips.phe.org.uk/profile/local-alcohol-profiles/data for Kent data hospital admissions and causes group. Data can be viewed at district level • Canterbury highest for binge drinking figure, above average • Hospital admissions -6 weeks delay, -Data only shows where people live not where were drinking
Canterbury Street Pastors Seeking to care, listen and help
The History Launched January 2003 in Brixton Launched here in the Longmarket, Canterbury 5 th March 2011 Now we have 28 volu nteers and six regular prayer teams
How we served in 2015 Over 1,000 hours of Street Pastor Care Over 800 hours of Prayer 429 Pairs of Flip-flops 448 Bottles of Water 132 Space Blankets 60 Interventions Over 4000 Glass or Tins removed from the streets
The Picture in Canterbury About 18 different churches represented in the Team, Prayer Pastors and Management Group. We have the support of Kent Police, Kent and Canterbury City Council, Safer Kent, group and individual charitable giving including our ‘Charitable 100 Club’. Lady Mayoress’ Charity
Night Time Economy Business Improvement District Meeting 13 April 2016 Douglas Rattray Head of Safer Neighbours Canterbury City Council 74
Aims To provide an overview of the scoping and the licensing authority’s consultation process for Statement of Licensing Policy (The Policy) To inform you of the importance of The Policy Advise how you can fully participate in the process What types of things can and cannot be included in The Policy 75
The Law Licensing Act 2003 • ‘ Light Touch ’ • Presumption of Grant • Licensing Objectives • Enables lateral thinking and inventive application 76
Documentation Licensing issues for the Canterbury District are dealt with by three core documents: The Licensing Act 2003 (available on line) Amended Guidance issued in accordance with Section 182 of the Licensing Act 2003 (can be read on line via gov.uk) CCC’s Statement of Policy (can be read via the council’s website) 77
Licensing Objectives The Licensing Objectives dictate every aspect licensing Legislation Amended Guidance issued under Section 182 of the 2003 Act The Policy Applications Representations in support Objections Decision of Licensing Sub-Committee Decision on appeal to Magistrates ’ Court or High Court 78
Licensing Objectives Section 4 of the Licensing Act 2003 states (1) A licensing authority must carry out its functions under this Act ( “ licensing functions ” ) with a view to promoting the licensing objectives (2) The licensing objectives are – the prevention of crime and disorder; a) public safety; b) the prevention of public nuisance; and c) the protection of children from harm d) 79
CCC’s Current Policy Section 5 of the 2003 Act requires the licensing authority to publish its Statement of Licensing Policy at least once every five years – it must continually reviewed once published On 07 January 2016 the previous edition of The Policy was re-adopted to allow the Council to conduct a ‘root and branch’ review of the document during 2016 to bring it up-to-date with the latest thinking and innovations 80 80 80
The Policy is a holistic partnership strategy to address local licensing matters; The Policy must not fetter the rights of applicants and individuals cannot be inconsistent with the 2003 Act and /or the Amended Guidance an appeal court will look at The Policy together with the Act and the Amended Guidance to see if the Council has complied with its own policy ensures that each application is considered on its individual merits must be advisory rather than prescriptive 81
Consultation It is a statutory requirement to consult with: police fire and rescue authority Director of Public Health persons / bodies representative of local personal licence / premises licence / club premises certificate holders persons / bodies representative of businesses and residents in its area any other body that the local authority thinks appropriate. Extent and duration of consultation is a matter for local authority 82
What must be included? The four licensing objectives Reference to the Section 182 Guidance Each application is considered on its individual merits A firm commitment to avoid attaching conditions that duplicate other regulatory authorities An enforcement protocol / partnership enforcement ‘Light touch’ by the licensing authority Set out the extent to which the licensing authority will facilitate entertainment provision balanced with the licensing objectives Other measures available to address unlawful and disorderly behaviour 83
What must be included? The identity of the responsible authority for the protection of children Premises giving film exhibitions include in their operating schedules that films will be classified Planning permission and building control and the licensing regime are properly separated and neither planning or licensing decisions are binding on the other Recognition and compliance of the requirements of the Equality Act 2010 How duties of the Licensing Committee are delegated to Sub-Committees and / or officers 84
What cannot be included? Any restriction on the right of a person to make an application or representation Any attempt to make licensing law the primary control of nuisance and anti-social behaviour Any imposition or condition on licence holders to control individuals once they are away from the premises Whether there is ‘need’ for a premises licence – this is not an issue that can be considered Quotas Any attempt to limit the access of children to licensed premises unlees it is prevent physical, moral or psychological harm 85 85 85
What may be included? Cumulative impact areas Does not prevent applications being made and if no objections lodged, the application is granted by statute Burden on application to establish no adverse impact on licensing objectives Can apply to areas, types of premises, types of licensing activity, queuing issues, concentration of people, nuisance, crime, disorder etc Must be evidence based Contact points of the responsible authorities 86 86 86
What may be included? Early Morning Restriction Orders (EMRO) Can apply to whole or part of area at any time between 00:00 and 06:00 Must be evidenced based Late Night Levy – licence holders contribute to the policing of the Late NTE Apply to all premises during levy period Must be evidence based 87
What may be included? Non-licensing measures that can assist to resolve issues (1) Planning control Positive measures to create a safe and clean town centre environment in partnership with local businesses, transport operators and other departments of the local authority Provision of CCTV surveillance in town centres, taxi ranks, provision of public conveniences open late at night, street cleaning and litter patrols Powers of local authorities to designate parts of the local authority area as places where alcohol may not be consumed publicly 88
What may be included? Non-licensing measures that can assist to resolve issues (2) Confiscation of alcohol from adults and children in designated areas Police enforcement of the general law concerning disorder and anti-social behaviour, including the issuing of fixed penalty notices Prosecution for the offence of selling alcohol to a person who is drunk (or allowing such a sale) 89
What may be included? Non-licensing measures that can assist to resolve issues (3) Police powers to close down instantly for up to 24 hours (extendable to 48 hours) any licensed premises in respect of which a TEN has effect on grounds of disorder, the likelihood of disorder, or noise emanating from the premises causing a nuisance Power of the police, other responsible authorities or other persons to seek a review of a licence or certificate Public Spaces Protection Order 90
What may be included? Licensing / Opening Hours – fixed / staggered / no guideline The inclusion of a Code of Conduct The inclusion of a toolkit to assist application in the form of a Full Risk Assessment Template Licensing Forum Use of Intervention Meetings Once introduced, the Institute of Licensing’s Standard Conditions Enforcement Concordat 91 91
Questions, Discussion and Exercise Please can you complete the questionnaire to assist in the scoping and drafting of The Policy to be put out to consultation 92
Public Space Protection Order To provide an overview of the PSPO provision To consult on the use of a PSPO to combat identified issues of anti-social behaviour in public spaces Explain what they are What types of things might be included in the order 93
The Law Anti-Social Behaviour Crime and Policing Act, 2014 • Several provisions to tackle anti social behaviour • Public Spaces Protection Order help the authorities tackle localised and recurrent anti-social behaviour problems • Create a framework that replaces or updates existing public space restrictions • Permits local authorities to introduce new regulations • Statutory guidance for frontline professionals 94
Purpose - Test Putting victims first To provide a means of preventing individuals or groups committing anti-social behaviour in a public space where the behaviour is having, or likely to have a detrimental effect on the quality of life of those in the locality be persistent or continuing in nature; and be unreasonable 95
Power The power to make an Order rests with a local authority consultation with the police and other relevant bodies and victims who may be affected A PSPO may be applied wherever there is material evidence of anti- social behaviour Can make a PSPO in respect of any public space within its administrative boundary Definition wide and includes any place to which the public or any section of the public has access, on payment or otherwise A PSPO can be in force for any period up to three years maximum 96
Context Deal with a particular nuisance or problem in a particular area Detrimental to the local community’s quality of life by imposing conditions on the use of that area. They are designed to ensure that the public can use and enjoy public spaces and do not face incidents of anti-social behaviour. and can be used flexibly. Appeals against a draft PSPO can be lodged by anyone who lives in, or regularly works in or visits the area 97 97 97
Restrictions and Requirements May be comprehensive or targeted on specific behaviours by particular groups and/or at specified times Orders can be enforced by a police officer, a police community support officer, designated council officers and employees of other delegated organisations A breach of the PSPO can be dealt with through the issuing of a Fixed Penalty Notice of up to £100, or a level 3 fine, £1000, on prosecution In establishing a PSPO, appropriate signage must be displayed in accordance with the requirements of the Act 98
What can it cover The PSPO can be drafted from scratch based on the individual local issues and prohibit certain activities, such as the drinking of alcohol A single PSPO can also include multiple restrictions and requirements in one order Restrictions or requirements can be targeted at specific people Designed to apply only at certain times or apply only in certain circumstances. When the final set of measures is agreed on, the PSPO should be published 99
Consultation Persistent begging In certain parts of the district there is evidence of regular begging. People can be generous towards beggars believing they are doing some social good. Urinating or defecating in public places The problem of people urinating or defecating in public places has been identified as an issue by partners Cycling Prohibitions While the Council supports cycling, for public safety reasons there are some areas with cycling prohibitions and these are sometimes ignored by individuals Non-compliant busking and other street trading While busking and street entertainment is encouraged, Canterbury City Council and partners have designed a code of conduct to support this activity for the benefit of the public and entertainers 100
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