Meeting documents

Wards Affected:          Abbey, Disraeli, Terriers and Amersham Hill

Executive Summary

The police, local business, officers of the Council and representatives of The Tea Warehouse have all been offered the opportunity to give feedback on the impact the anti-social drinking and urinating etc legislation has had on the local environment.  The view was that the introduction of the designated area was a resounding success for High Wycombe.

Background Information

In September 2002 an order made under the Criminal Justice and Police Act 2001 came into effect, making it an offence for any person to consume alcohol in designated public places within the town centre of High Wycombe (as identified in the Designated Public Places Order – see attached) after being required not to do so by a police officer.  The police have the power to confiscate and dispose of any alcohol and containers in the person’s possession.  It is an arrestable offence to fail without reasonable excuse, to comply with the police officer’s request.  On conviction of the offence the maximum penalty is a fine, currently £500.  At the same time byelaws making it an offence to urinate and defecate in public were confirmed for the same area.

Detailed Report

Police perception – Town centre officers were asked for their opinion of the impact that the legislation was having on the area over the summer.  It appears that initially it served its purpose and drove the hard-core drinkers out of the town centre so the problems associated with them in areas such as Frogmoor and White Hart Street diminished.  The negative side of this was that there was an increase in complaints from areas to the west of the designated area, but this has not escalated.  Gradually the police have seen some move back into the town centre by those previously driven out but not to the same extent as prior to the introduction of the legislation.

An Amendment of the Criminal Justice and Police Act 2001 came into force on 10 September 2003, Section 155 which gave the police power to seize sealed containers of alcohol as well as opened containers, making the legislation more effective and increasing the likelihood that people will be arrested.

Another aspect of the introduction is that having the legislation in place raises expectations of the police and even though it was introduced on the understanding that it was only another option available to the police to be used with discretion, the public still expects instant action if someone is seen drinking in public, however it is an unreal expectation that arrest/caution for drinking is going to be a priority for the police.

The onset of the colder weather has seen a marked decrease in the numbers, with a move for persistent drunks to move to private land where the legislation is not effective and the matter becomes a civil case.

Police officers were asked to gather informal data on confiscations and arrests associated with the legislation as the data fields currently used by Thames Valley Police Command and Control do not allow a differentiation of action taken under the drinking and urinating etc legislation from other alcohol related incidents.  Officers opted for an informal snapshot of 3 months and qualitative data from permanent town centre officers (excluding trainee officers who are transient):

September 2003   -   17 confiscations and not arrests

October 2003       -   11 confiscations and no arrests

November 2003   -    3  confiscations and no arrests

There have been 6 reported cases of urinating and 1 defecating and of all these cases the individuals were drunk, 3 being known persistent alcoholics.  The issue of provision of toilets in the Frogmoor area on Friday and Saturday nights may be something that could be pursued for late night revellers.

Retail perception – A selection of retailers who had previously been vocal regarding the issue of anti-social behaviour were interviewed and the findings were that they were all very satisfied with the impact that the legislation had had on the town.  Quotes such as “The regulars are not around so much now.  The town centre’s much better now”.  “We used to be verbally abused frequently but we don’t see them much now”.  “It’s great, we watch on the CCTV and rarely see them now”.

The Tea Warehouse, Amersham Hill – “Having the new law has helped.  People now know that Wycombe will not tolerate anti-social behaviour”.  The comment was made that prosecuting and fining the persistent alcoholics would have no impact on their behaviour.  A more positive approach may be to work in partnership with treatment agencies and serve treatment orders for offenders to attend a structured recovery programme instead of fines.

Wycombe District Council Officers:

Business Development – anecdotally the perception of the business community is that it is working and that alcohol related behaviour is better managed by the police, also the visibility of persistent drunks has been reduced.  Initially there were problems with displacement but this does not seem to have continued.  The opening of Coin House, Amersham Hill, in June 2003 has had an impact but mainly in Crendon Street and at the railway station which is just within the designated area.

Cleansing – There has been a reduction in the number of complaints regarding urinating in public but enquiries have been made regarding options for provision of late night toilet provision in the Frogmoor area.  Toilets are open 24 hours a day at the bus station and Easton Street car park sites only.

Resource Implication

The impact on Legal Services is considerable, as it has involved them in time-consuming prosecutions and preparation of evidence for 7 cases to date.  As 3 of these cases are in respect of known persistent alcoholics, it is reasonable to assume that it will have no impact on them in reducing their alcoholism but only relocate where they drink.

Corporate Governance, Financial and Legal Implications

This work contributes to community safety work carried out under the Crime and Disorder Act 1998.  It also contributes to the power contained in the Local Government Act 2000 S2 (1) to promote the economic, social and environmental well being of the area.

Background Papers

Files held in Environmental Services

Continuation of report (if more than one page)