Lib Dems publish city wide bye-laws to curb antisocial drinking

November 19, 2003 12:00 AM

The controlling Liberal Democrat group on Cambridge City Council have published the full text of bye-laws to control anti-social behaviour arising from street drinking.

Printed copies of the bye-laws will be available from the Council from tomorrow. The full text is given at the end of this press release. The full text is also available on the web at http://www.cambridge.gov.uk/councillors/agenda/2003/1119cncl_files/02.pdf . (pages 11-12)

The Leader of the Council, Councillor Ian Nimmo-Smith said: "We want the public to have a good opportunity to read and comment on the bye-laws that we are proposing to the Council."

"The purpose of the bye-laws is to provide the police with new city-wide powers to intervene when there is anti-social behaviour associated with street drinking."

"The police have already been consulted and say (letter dated 13 November from Chief Superintendent Rob Needle) that these bye-laws would be 'useful and workable' and would be the preferred option over ones which covered a limited area of the city."

Councillor Nimmo-Smith added: "I would welcome comments from members of the public on these proposed bye-laws. Written comments can be sent to me c/o The Guildhall, Cambridge, CB2 3QJ or emailed to me ( ian@monksilver.com ) to arrive by 4 December 2003."

Full Text of proposed bye-laws

Cambridge City Council

BYE-LAWS FOR GOOD RULE AND GOVERNMENT

Bye-laws made under section 235 of the Local Government Act 1972 by Cambridge City Council for the good rule and government of the City of Cambridge and for the prevention and suppression of nuisances.

General Interpretation

1. In these bye-laws:

"the Council" means Cambridge City Council;

"intoxicating liquor" has the same meaning as in the Licensing Act 1964; and

"public place" means any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.

2. These bye-laws apply throughout the City of Cambridge with the exception of any place which is a designated public place within the meaning of section 12 of the Criminal Justice and Police Act 2001.

Consumption of Alcohol in Public Places

3. (1) Subsection (2) applies if a constable reasonably believes that a person is, or has been, consuming intoxicating liquor in a public place, or intends to consume intoxicating liquor in such a place, in an anti-social manner, that is to say, in a manner causing or likely reasonably to cause harassment, alarm or distress to one or more members of the public.

(2) The constable may require the person concerned-

(a) not to consume in that place anything which is, or which the constable reasonably believes to be, intoxicating liquor;

(b) to surrender anything in his possession which is, or which the constable reasonably believes to be, intoxicating liquor or a container for such liquor.

(3) A constable may dispose of anything surrendered to him under subsection (2) in such manner as he considers appropriate.

4. A person who fails without reasonable excuse to comply with a requirement imposed on him under Bye-law 3(2) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

5. A constable who imposes a requirement on a person under Bye-law 3(2) shall inform the person concerned that failing without reasonable excuse to comply with the requirement is an offence.

6. For the purposes of these bye-laws, a place is not a public place or a part of such a place if it is-

(a) licensed premises or a registered club;

(b) a place within the curtilage of any licensed premises or registered club;

(c) a place where the sale of intoxicating liquor is for the time being authorised by an occasional permission or was so authorised within the last twenty minutes;

(d) a place where the sale of intoxicating liquor is not for the time being authorised by an occasional licence but was so authorised within the last twenty minutes;

(e) a place where facilities or activities relating to the sale or consumption of intoxicating liquor are for the time being permitted by virtue of a permission granted under section 115E of the Highways Act 1980 (c. 66) (highway related uses).

7. In Bye-law 6 "licensed premises", "occasional licence" and "registered club" have the same meaning as in the Licensing Act 1964 (c. 26); and "occasional permission" has the same meaning as in the Licensing (Occasional Permissions) Act 1983 (c. 24).

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