Violent Crime Reduction Act 2006

Violent Crime Reduction Act 2006

2006 CHAPTER 38

Commentary on Sections

Part 1: Alcohol-related violence and disorder

Chapter 2: Alcohol disorder zones

Section 16: Designation of alcohol disorder zones

141. Subsection (1) gives local authorities the power to designate a locality within their area as an alcohol disorder zone if the conditions specified in paragraphs (a) to (d) are satisfied.

142. Subsections (2) and (3) state that a local authority intending to designate an area as an alcohol disorder zone must publish a notice setting out their proposals and invite representations within 28 days about the proposal and about what might be included in an action plan to tackle the problem.

143. Following receipt of representations, subsection (4) requires the local authority and the local chief officer of police to publish an action plan which sets out the steps that would make the designation unnecessary. The action plan must also be sent to those who would be liable to pay the charge if the area was to be designated. The content of the plan will vary between different areas but must include details of proposed action by the local authority and the police. As an example, the proposed alcohol disorder zone may be in an area where there is a need to raise operating standards in pubs and clubs within the zone. In this case, the action plan might contain, for example, a requirement for pubs and clubs to display information about their proof of age policy. In a different scenario, the proposed alcohol disorder zone might be in an area where the pubs and clubs are quite well run, but there is a public space problem – for example, there is a lack of late-night transport, and the taxi rank is poorly lit and the scene of a lot of trouble. Here the action plan might require premises to fund extra transport provision, and provide door staff for an extra hour after closing time to monitor the taxi rank.

144. Subsection (5) envisages that the action plan may include setting up a scheme for payments to be made by premises in the area to the local authority. Subsection (6) states that the action plan must also include proposals by the local authority and the local chief officer of police for what actions they will take if the plan is implemented. Subsection (7) provides that the authority to make regulations under section 15(2) setting out the purposes for which the compulsory charge may be used also applies to sums received under the action plan.

145. Subsection (8) allows the local authority to designate the alcohol disorder zone if, and only if:

a.

8 weeks have passed, beginning with the day after the action plan has been published, and the local authority does not consider that the trade have made substantial progress towards implementing the plan; or

b.

the local authority is satisfied that the plan will not be implemented, that the actions are no longer being taken or that the arrangements made under the plan are no longer in place. This may be before or after the end of the 8 week period.