• Members received a presentation from a representative of the Post Office Ltd at the Ordinary Meeting of Council held on 23rd September 2004 outlining latest developments. 11
• Report provides a further update on progress. 11
To receive a progress report on proposals by the Post Office Ltd to close four post offices in Berwick-upon-Tweed and open two new purpose-built facilities. 11
• Tweed Estuary Working Group set up by officers to examine issues concerning impact of an increase in recreational use of the Tweed Estuary 12
• Working Group includes representatives of main stakeholders and users 12
• Objectives include the preparation and introduction of measures to regulate the use of the Estuary whilst attempting to maintain a balance between the various interests 12
To appraise Members of progress made by the Tweed Estuary Working Group in addressing issues raised by an increase in recreational use of the Estuary. 12
• Request received from Northumberland NHS Care Trust for a donation of £700 towards the cost of a wheelchair for people with disabilities to play outdoor bowls 13
• Council’s Grants to Voluntary Organisations budget fully committed for 2004/05 13
Members requested implementation of similar application procedure (to Grants to Voluntary Organisations) for Town Committee to assist consideration of applications – copy application form attached 13
To consider a request for financial assistance and a proposed application form to be issued to all organisations or individuals seeking financial assistance so that information is presented in a consistent manner for Members’ consideration. 13
• Findings of Audit and consultation process will inform the production of the CDRPs’ next three-year Crime and Disorder Reduction Strategy and action plans 14
16. LANDING PONTOON AT THE CHANDLERY, BERWICK-UPON-TWEED 22
*** To consider the enclosed confidential report. 22
BERWICK-UPON-TWEED BOROUGH COUNCIL
Council Offices, Wallace Green, Berwick-upon-Tweed, TD15 1ED
COMMITTEE: TOWN
DATE THURSDAY 21ST OCTOBER 2004
TIME: 6.00 PM
PLACE: PRIOR PARK FIRST SCHOOL, TWEEDMOUTH
BERWICK-UPON-TWEED
Members: S J Anderson, H Bettison, A R Bowlas, D G R Buckle, A B Douglas, G M Elliott, G P Horsburgh, E I Hunter, D McClymont, J N Simpson, J E Smith, J W Stephenson and J Waterhouse
If you have any enquiries about items on this Agenda, please contact
The Meeting will be open to the Press and Public during consideration of
the items set out in Part 1 of this Agenda.
1. DECLARATION OF INTEREST
Members are invited to declare any interest they may have in any of the items included on the agenda for this Meeting.
[Note: Any Member wishing to seek clarification as to whether it may be appropriate to declare an interest in respect of any item on this agenda should seek advice from the Chief Executive or Borough Solicitor at least one working day before the Meeting].
2. MINUTES OF THE MEETING OF TOWN COMMITTEE HELD ON 17TH JUNE 2004
Previously circulated; Chairman to sign.
3. PUBLIC QUESTION TIME
Purpose:
To respond to questions from members of the public (in attendance) on any matter which falls within the remit of Town Committee.
Report:
At the Meeting of Town Committee held on 16th November 1999 Members agreed to introduce a public question time facility as a standing item on Town Committee Agendas.
Public Question Time was successfully introduced at the Policy Committee Meeting held on 1st July 1999.
Public Question Time is scheduled for 15 minutes duration. Members of the public who wish to ask a question concerning any aspect of Town Committee business are required to submit notification of a question in writing to the Chief Executive no later than noon on the day preceding the day on which the Meeting of Town Committee is to be held, in order that a full and proper reply may be made at the Meeting.
Implications:
LA21/Environmental and Sustainability:
None significant.
Equal Opportunities:
The introduction of a Public Question Time facility is in keeping with the spirit of the Government White Paper, "Modernising Local Government: In Touch with the People", which seeks more openness and enhanced public participation in decision-making processes at local government level and greater accountability on the part of local authorities.
Public Question Time is open to residents of Berwick, Tweedmouth and Spittal and to visitors to the town.
Crime and Disorder:
It is anticipated that questions may be raised which relate to crime and disorder issues.
Best Value and Best Practice:
The introduction of a Public Question Time facility will make the Town Committee more accountable to the local community. Questions and summaries of responses will be minuted.
Financial/Legal/Personnel:
Legal: none significant; although some questions may require input from the Council's Legal Officers.
Personnel: There will be an additional requirement for officers to research and prepare responses to questions submitted in accordance with the rules governing the function of the Public Question Time facility.
Recommendation : To agree to receive questions from members of the public and to respond to these accordingly.
• the forthcoming changes to the licensing of the sale and supply of alcohol, provision of regulated entertainment and late night refreshment;
• the dates for the implementation of the Licensing Act 2003 and the transitional arrangements; and
• the rights of the Town Committee to make relevant representations in respect of applications for licences for premises within a certain area.
Report:
The licensing of the sale of alcohol has been regulated since as long ago as 1382 when Richard II granted a Royal Charter to the Vice Chancellor of the University of Cambridge to issue licences for the sale of alcohol.
Currently, the sale and supply of alcohol is licensed by the Licensing Justices of the Magistrates’ Courts.
The Licensing Act 2003 replaces six existing licensing regimes concerning the sale and supply of alcohol, public entertainments, theatres, cinemas, night cafes and late night refreshment with one unified system of regulation of all those activities.
The licensing of cinemas, theatres and public entertainment and late night refreshment houses are currently the responsibility of the Council, pursuant to the Cinemas Act 1985; the Theatres Act 1968; the Local Government (Miscellaneous Provisions) Act 1982, Schedule 1; and the Late Night Refreshment Houses Act 1969 respectively.
Under the existing regimes, a licence is held by a person or persons that authorises them to carry on particular licensable activities. Under the new regime, a licence will be required to carry on licensable activities at premises and a separate licence will be required by a person to sell or authorise the sale of alcohol.
The new system will be administered by district Licensing Authorities. The Licensing Authority is the Council, but decisions will be made by the Licensing Committee, which must consist of no less than ten and no more than fifteen Members, and will sit to hear and determine applications as Sub-committees of three Members of that Committee.
The operation of this new licensing regime is regulated by the Licensing Act 2003; Guidance, issued by the Secretary of State for Culture, Media and Sport under section 182 of the Act; Regulations; and the Licensing Authority’s Statement of Licensing Policy.
At the present time, Berwick-upon-Tweed Borough Council is engaged in consultation on its Draft Statement of Licensing Policy, a copy of which is available as a public document at www.berwick-upon-tweed.gov.uk or www.berwickonline.org.uk . Should the Town Committee, or any of its Members, wish to make comment on the Draft Statement of Licensing Policy, it should be noted that the consultation, which commenced on 13th August 2004, shall close on 5th November 2004. All comments will be reported to the Licensing Committee and its recommendations will be placed before Council for adoption as Policy.
There is to be a transitional period during which existing licensees will be able to apply to transfer their existing licence to a new premises licence and, if appropriate, also for a personal licence. The period in which applications for transfer may be made commences on 7th February 2005 and shall end on 6th August 2005.
Applications for new licences may be made from 7th February 2005.
However, any licences granted will not become effective until “the second appointed day”. Government has yet to fix this date, but has indicated it is likely to be about November 2005.
During the transitional period, licensees will have to continue to make applications for any new licence, transfer or change they require under the existing licensing regimes, as well as under the new regime.
Under the new Act, all premises licences must be granted in the terms of the application, unless there are relevant representations made concerning the licensing objectives. There are four licensing objectives of equal importance, namely:-
• the prevention of crime and disorder;
• public safety;
• the prevention of public nuisance; and
• the protection of children from harm.
If there are no relevant representations, a premises licence will be granted by the Senior Licensing Officer under a scheme of delegation recommended by Government and to be adopted by Council / the Licensing Authority.
Representations can be made by the statutory consultees, namely Police, Fire, Health and Safety Authority (i.e. the Council’s Environmental Health Department or the Health and Safety Executive, as appropriate), Planning Authority and Environmental Health (with regards to pollution and statutory nuisance). Under Draft Regulation 8, the Secretary of State also proposes to add to the aforementioned statutory consultees:-
• the Crime and Disorder Reduction Partnership; and
• a body that represents those who are responsible for, or interested in, matters relating to the protection of children from harm and who are recognised by the Licensing Authority as being competent to advise on such matters. The Berwick-upon-Tweed Licensing Authority recognises the Northumberland Area Child Protection Committee in this regard.
However, the Act also provides that conditions should not be imposed on licences which are a duplication of existing statutory provisions.
The Act provides greater rights to non-statutory bodies, which are referred to as ‘interested parties’, to comment on applications. The applicant must individually inform each of the statutory consultees of an application and must also display a notice (probably on ‘pale blue’ A4 sized paper, with black text) at the premises and to place an advertisement in the local press. The Licensing Authority will not be writing to individuals to inform them of an application which might affect them.
Section 13(3) of the 2003 Act specifies four classes of interested parties, namely:-
• a person living in the vicinity of the premises;
• a body representing persons who live in that vicinity;
• a person involved in a business in that vicinity; and
• a body representing persons involved in such businesses.
These classes of interested parties will, no doubt, give rise to guidance being given by the Courts in due course.
No guidance has been given to the interpretation of the phrase “in the vicinity”, so it is going to be a matter of fact. I would suggest, there will be people and businesses that are clearly in the vicinity and others who clearly are not, but there will, no doubt, be some who may or may not be within the vicinity.
It is considered that a Ward Councillor is not individually “a body” representing persons or businesses, but may well be a person “living in the vicinity” who would be entitled to make representations.
The Town Committee is considered to be “a body” representing persons and / or businesses and would therefore be entitled to make representations in appropriate cases. The usual time limit for the making a representation is 20 working days, but it is only 6 days for a review hearing following the enforced closure of premises. In the circumstances, the Town Committee may wish to consider creating a Sub-Committee to consider relevant applications or to delegating its powers to make representations to a Member or Members of the Committee. The Borough Solicitor considers it to be inappropriate for such powers to be delegated to an Officer of the Council.
Members of the Town Committee, who are also Members of the Licensing Committee, will be aware that should they sit on the Town Committee or a Sub-committee that considers making representations or who make representations under delegated powers in respect of an application, they will disqualify themselves from sitting on the Licensing Sub-committee considering that application. It is the view of the Borough Solicitor that irrespective of any guidance to the contrary, for Members to be involved in making representations and to thereafter making decisions on those representations would infringe the applicant’s rights to a fair and impartial hearing of their application, as provided by Article 6 of the European Convention on Human Rights, as incorporated into United Kingdom legislation by the Human Rights Act 1998.
Relevant representations, formerly referred to as objections, must address the licensing objectives, detailed above. A representation which, for example, merely says, “I do not think the pub should be allowed to stay open until midnight” would not be a relevant representation and would be rejected by the Senior Licensing Officer. However, if, using that same example, the person were to go on to say, “. . . because people leaving the premises at that time will disturb the sleep of residents, including myself and my children”, then that would be a relevant representation, because it addresses the objective of the “prevention of public nuisance”.
Those making representations should be aware that their representations will be disclosed to the applicant and the document will become a public document at the hearing of the Licensing Sub-committee determining the application. Under Draft Regulation 14, the Licensing Sub-committee will be entitled to hold a hearing in private if it considers that the public interest of doing so outweighs the public interest in the hearing taking place in public.
The Licensing Sub-committee can only impose conditions on a Premises Licence which address the specific licensing objectives that are the subject of representations.
Both statutory bodies and interested parties are entitled to apply for a review of a Premises Licence, should they consider that the premises are failing to meet the four licensing objectives.
In addition to the licensing of permanent premises, the Licensing Authority will licence temporary events to which 500 or more people may attend. This may, by way of example, include musical festivals. The licensing of these events will be exactly the same as those for permanent premises, but the Premises Licence would be granted for a specific dates and times.
Other temporary events, to which the numbers are less than 500 (i.e. no more than 499) and for not more than 96 hours, will not require a Premises Licence or a Personal Licence holder for the sale of alcohol, but will be required to serve a Temporary Event Notice on only the Licensing Authority and the Police. Only the Police may object to an event and only then on the ground of “prevention of crime and disorder”.
Temporary events will still be required to comply with any other statutory requirements.
There are limits specified by section 170(2) to (4) of the 2003 Act as to the number of temporary event notices that can be served by an individual in a calendar year, namely:-
• 50 if the relevant premises user is the holder of a Personal Licence; and
• 5 if the relevant premises user is not the holder of a Personal Licence; and
• 12 events for the same premises, covering no more than 15 days.
Section 101 provides that there should be a minimum period of 24 hours between temporary events.
Parish Councils and the Freemen of Berwick-upon-Tweed, who own or have exclusive use of premises, may wish to apply for a permanent Premises Licences for their premises, rather than serving Temporary Event Notices. At the present time, these bodies often rely upon Occasional Justices’ Licences for the sale of alcohol and / or temporary Public Entertainment Licences. The premises would then be available for both their own use and also for the use of any other person or organisation to which the premises were let, thereby potentially increasing the commercial value of those premises to the body concerned.
There is no reason why other organisations with premises, such as schools, sports centres, libraries or other public buildings should not likewise apply for a Premises Licence for their premises. However, should they wish to sell or supply alcohol, a Personal Licence holder would have to be named as the Designated Premises Supervisor. The sale of alcohol can, however, only be made by a Personal licence holder or by someone authorised by that Personal Licence holder. There is no need for the Personal Licence holder to be present when the sale takes place, but the Personal Licence holder would need to be satisfied that such persons as were authorised to make the sales were appropriately trained and fit and proper people to undertake the sale of alcohol.
The Town Committee should note that following the full implementation of the 2003 Act, premises permanently or temporarily occupied by the military will be exempt from licensing. In the circumstances, the Berwick Military Tattoo at the Barracks will become exempt from licensing, because the military temporarily occupy the parade ground, which is owned and controlled by English Heritage. Furthermore, should there be any other event, such as a musical festival, at the Barracks whilst the military temporarily occupy the premises, that event would also be exempt from licensing.
Implications:
Financial:
Should the Town Committee decide to meet more regularly, or to form a Sub-committee to determine whether to make representations, there will be an increase in the costs of Members’ travelling expenses and, should a free venue not be available, there would also be the costs of hiring a suitable venue.
An increase in the frequency of meetings of the Town Committee or a Sub-committee would also result in an increased demand for Officer services.
Legal:
These are as detailed in this report, subject to reference to the Act and secondary legislation, which has not yet been approved by parliament.
Personnel:
As referred to above, an increase in the frequency of meetings would be cause an additional burden upon Officer resources.
Crime and Disorder:
Crime and Disorder is one of the four licensing objectives to be considered in the determination of applications for premises licences and accordingly a matter upon which the Town Committee may make relevant representations to the Licensing Authority.
Recommendations : (i) To note the forthcoming changes to the licensing of the sale and supply of alcohol, provision of regulated entertainment and late night refreshment; (ii) the dates for the implementation of the Licensing Act 2003 and the transitional arrangements; and (iii) the rights of the Town Committee to make relevant representations in respect of applications for licences for premises within a certain area.
• Funding application being prepared for works to Lady Jerningham’s statue
• Proposals to extend Berwick Holiday Centre now withdrawn
• Update on trialling proposal for coach drop-off facilities
• Progress reports on Railway Station and West Street projects.
Purpose:
To appraise Members of projects in progress or to be undertaken by the Environmental Maintenance Section on behalf of Town Committee, or of relevance to the interests of Town Committee, and to agree to commit expenditure or undertake other action as appropriate in respect of these projects.
Report:
(i) Marygate Scheme
Marygate Scheme is progressing, works started 20th September and will carry on until Friday 17th December when they stop for a Christmas break. This will leave the street clear for the week leading up to Christmas. Works due to start again on 10th January through until completion at Easter.
(ii) Lady Jerningham’s Statue
Meeting has been held with representatives from Heritage Lottery who have confirmed that scheme meets their criteria. Funding application is now being prepared by Longridge School and Council partnership for consideration by Lottery Board.
(iii) Berwick Holiday Centre Extension
Proposals to extend the centre have been withdrawn as the landowners are not prepared to release the land for this purpose.
(iv) Coach Drop-off Facilities in Berwick Town Centre
Policy (Corporate Services and Regeneration) Committee agreed at the meeting on 16th June 2004 to consult on the designation of an area in Walkergate [adjacent to Kwik Save] as a temporary coach uplift/set down area for a trial period of 12 months. Northumberland County Council as highway authority are currently promoting this exercise with a view to the area being available for coach parking for a 12 month period beginning in March 2005.
(v) Railway Station Car Park
Works at railway station starting 1st November by Mowlem who are the main contractor. The work will be phased with the first phase to construct a new retaining wall adjacent to Railway Street. Phase 1 provisional end date is January 2005, Full completion of scheme by June 2005.
(vi) Public Noticeboards
It was agreed at Town Committee on 18th June 2004 to erect public noticeboards, to be managed by the local ward Members (s), at designated locations in every town ward except Shielfield. A budget of £1650 was set for the work. No further progress has been made with this item because of office’ involvement with other priorities.
Implications:
All implications known at this point are included in the body of the report.
Recommendations: (i) To note the report; and (ii) to consider what actions are to be taken in respect of those items set out above.
• Update on the current East Coast Main Line franchise renewal process
• Outline of Strategic Rail Authority proposals regarding train services north of Newcastle as part of that renewal process
Purpose:
To update Members on the renewal process for the east coast rail franchise, and to inform them of the Strategic Rail Authority’s proposals for train services north of Newcastle which are included in the draft tender documentation for the franchise process.
Report:
The current East Coast Main Line rail franchise expires on 1st May 2005, and three rail companies are tendering for the new franchise: GNER, Virgin Trains and FIRST. The Strategic Rail Authority published an “Invitation to Tender Consultation Draft” in May 2004. There was a six-week consultation period during which the Rail Passengers Council undertook an on-train and on-station passenger opinion survey to inform their response to the consultation.
The Rail Passengers Council’s response to the SRA’s consultation document criticises the ‘top down’ approach to determining customer needs, which does not allow those bidding for the franchise to propose innovative and customer-led service plans.
In particular, the Rail Passengers Council criticises proposed changes to the base timetable, including the termination of the 17.30 Kings Cross to Edinburgh train at Newcastle. Currently this train leaves Newcastle at 20.29, calling at Morpeth (20.44), Alnmouth (21.00), Berwick (21.22), Dunbar (21.46) and Edinburgh (22.14).
On current information, Berwick Railway Station will continue to be served by East Coast Main Line services leaving Kings Cross at 18.00 (Berwick 21.36); 18.30 (Berwick 22.36) and 19.00 (Berwick 23.00) but none of these trains will stop at Morpeth, Alnmouth or Dunbar.
The consultation document also proposes the withdrawal of the 18.35 from Edinburgh to Newcastle which currently calls at Dunbar (18.55), Berwick (19.20), Alnmouth (19.41) and Morpeth (19.58). Berwick would continue to be served by East Coast Main Line services leaving Edinburgh at 17.30 and 19.00.
It is not clear if the proposals outlined above are a completed list, or whether there are other possible changes of which we are not yet aware. It is proposed, therefore, to invite representatives of the Strategic Rail Authority, the Rail Passengers Council and the three train companies tendering for the franchise to meet with Members of Town Committee in order to receive a full update on all changes proposed under the franchise renewal process.
Implications:
Legal/Financial/Personnel:
None arising from this report.
Recommendation: To agree to invite representatives of the Strategic Rail Authority, the Rail Passengers Council, GNER, Virgin Trains and FIRST to meet with Members of Town Committee.
• Members received a presentation from a representative of the Post Office Ltd at the Ordinary Meeting of Council held on 23rd September 2004 outlining latest developments.
• Report provides a further update on progress.
Purpose:
To receive a progress report on proposals by the Post Office Ltd to close four post offices in Berwick-upon-Tweed and open two new purpose-built facilities.
Report:
Members received a progress report from Graham Laird, External Relations Manager with the Post Office Ltd, at the Ordinary Meeting of Council held on 23rd September 2004.
Following Mr Laird’s report (which is summarised in Minute 257 : 04/05), Members requested that he notify the Mayor of details of proposed opening dates for the new post offices. Mr Laird has subsequently written to the Borough Secretary to say that :
“Where the branches in Tweedmouth, Spittal and Prior Park are concerned I have spoken with my colleagues in the Franchise Management Team and I believe that the Co-op would not anticipate opening the new branch until early in 2005.
With regard to the branch in West Street, I can confirm that the branch fit-out has been completed and if consultation allows us to proceed with the closure of Castlegate we will be looking to open the new branch as soon as we can address any outstanding operational issues.
In all cases the Post Office would not intend to close any existing branch until all necessary arrangements to introduce the new branches have been concluded.
I am sorry that I am unable to offer a definite opening date for the new branches but I trust that you will accept our assurances and commitment to delivering the new branches as quickly as we can”.
Members are also advised that the evaluation of the public consultation on the Berwick-upon-Tweed post office closure programme, which could still have some bearing on the provision of post offices in the town, has yet to be completed.
• Tweed Estuary Working Group set up by officers to examine issues concerning impact of an increase in recreational use of the Tweed Estuary
• Working Group includes representatives of main stakeholders and users
• Objectives include the preparation and introduction of measures to regulate the use of the Estuary whilst attempting to maintain a balance between the various interests
Purpose:
To appraise Members of progress made by the Tweed Estuary Working Group in addressing issues raised by an increase in recreational use of the Estuary.
Report:
The Working Group was established following representations made by members of the public about safety and other issues to the Members of Seton Ward.
To date the Working Group has focused on a number of key issues. These include :
• Introduction of bye-laws
• Introduction of a membership scheme for personal watercraft users
• Erection of notices and signage at appropriate locations
• Introduction of codes of conduct
• Creation of a multi-agency Tweed Estuary management group
The Borough Secretary will be attending a meeting of the North East Beach Safety Council in South Shields on 12th November.
The Beach Safety Council comprises those local authorities in the North East with coastlines and estuaries, and was set up to formulate a common approach to the kind of problems being experienced in the Tweed Estuary. One of the issues being considered by the Beach Safety Council is the problem of displacement from a regulated to a non-regulated area.
The Borough Secretary will report back to the next meeting of the Working Group.
Progress on this subject has been limited in recent weeks because officers have been heavily involved in arrangements for the forthcoming referendum and other priorities.
However, it is hoped to pick up the work of the Group in the new year, with a view to introducing some measures before the 2005 holiday period begins.
Implications:
LA21/Environmental and Sustainability:
The designation of the Tweed Estuary as a SSSI means that certain species of flora and fauna are protected. Protected status will be reflected in any regulations introduced to manage recreational use of the estuary.
Crime and Disorder:
Responsibility for enforcement of byelaws and other regulations will rest primarily with the Police, who are represented on the Working Group.
• Request received from Northumberland NHS Care Trust for a donation of £700 towards the cost of a wheelchair for people with disabilities to play outdoor bowls
• Council’s Grants to Voluntary Organisations budget fully committed for 2004/05
•
Members requested implementation of similar application procedure (to Grants to Voluntary Organisations) for Town Committee to assist consideration of applications – copy application form attached
Purpose:
To consider a request for financial assistance and a proposed application form to be issued to all organisations or individuals seeking financial assistance so that information is presented in a consistent manner for Members’ consideration.
Report:Copy of letter from Sheila Budzynski, Care Manager with Northumberland NHS Care Trust, attached for Members’ consideration.
The letter sets out the detail of the request and explains why financial assistance is being sought.
At the previous meeting of Town Committee, Members requested that a more formal application procedure be set up for organisations or individuals seeking financial assistance from Town Committee.
Members may wish to consider ring-fencing a portion of the Town Committee budget each year for allocation to those seeking financial assistance. The maximum amount allocated could be limited, and unspent balances reallocated to the main Town Committee budget or added to the next years’ budget for the provision of financial assistance.
Each application would continue to be assessed on its own merits. It is suggested the attached application form, modelled on the form issued to those organisations applying for assistance through the Grants to Voluntary Organisations Scheme, be issued to applicants to help formalise the process and achieve consistency of information for presentation to Members.
Implications:
Equal Opportunities:
The current Grants to Voluntary Organisations Scheme is open to any organisation that delivers its services within the Borough. In this case, it is suggested that eligibility be restricted to those organisations delivering services within Berwick-upon-Tweed itself or individuals living in one of the six town wards.
Financial/Legal/Personnel:
Financial:
Only £11,600 of the Council’s £45,460 Grants to Voluntary Organisations budget for 2004/05 is available for disbursement to applicants. The remainder is ring-fenced to core-fund Berwick Citizens Bureau and Voluntary Forum. This year’s budget was heavily over-subscribed, with applications totalling £45,057 being received.
Officers are looking at ways of transferring responsibility for the disbursement of grant to the proposed Berwick Local Compact.
Recommendations : (i) To consider a request for financial assistance; and (ii) to consider suggested arrangements for individuals or organisations applying to Town Committee for financial assistance.
• Berwick Borough Crime and Disorder Reduction Partnership (CDRP) has published its 3-yearly Crime, Disorder and Drugs Audit Report
• Audit will be consulted upon
• Findings of Audit and consultation process will inform the production of the CDRPs’ next three-year Crime and Disorder Reduction Strategy and action plans
• Members invited to respond to the Audit
Purpose:
To provide Members with a copy of the CDRPs’ Audit Report, and to seek their views on the contents of that report.
Report:
CDRPs are required by law (Sections 5 and 6 of the Crime and Disorder Act 1998, as amended by the Police Reform Act 2002) to carry out audits and produce crime and disorder reduction strategies every 3 years. For the first time, new legislation means that joint crime and drugs audits have to be produced.
The Audit Report, a copy of which has already been circulated to Members as an appendix to the Policy (Environment) Committee agenda, has been produced by a working group comprising representatives of ‘responsible authorities’ under the 1998 Act (Borough and County Councils, Police Force, Policy Authority, Fire and Rescue Service and Primary Care Trust) led by the Community Safety Officers for Berwick and Alnwick CDRPs, Gerald Connor and Brian Routledge. This has been an excellent example of partnership working. Substantial assistance has also been provided by a research team from the University of Northumbria.
The key objectives of the audit are to :
• Identify the extent of crime, disorder and drugs-related problems in the Borough
• Develop strategies to effectively deal with these problems
This is the third Audit Report received by Members. Although the format and legislative framework has changed in response to direction from the Government, the process remains the same.
The CDRP is responsible for :
• Being aware of the nature of crime and disorder, anti-social behaviour and the misuse of drugs in the Borough
• Identifying ways to develop and implement effective action to reduce these problems and deploy resources accordingly
• Developing and publishing a strategy that responds to the needs of the local community and sets out the findings of the audit with actions to address priority areas and targets
• Carrying out annual planning activity informed by a clear picture of where funds need to be allocated
Members are asked to read the Crime Audit Report so that they can make an informed decision as to whether the portrayal of their Ward is accurate. If the Audit Report doesn’t provide a true and realistic impression of crime, disorder and drugs activity in the Borough, then we need to know where the discrepancies are so that these can be corrected.
Members’ comments and observations must be submitted to Gerald Connor, Community Safety Officer, no later than Friday 5th November 2004.
A summary version of the Audit Report, including a detailed questionnaire, will be included in the Council newspaper to be distributed to every household in the Borough on 11th October. This also forms part of the consultation process.
The response to the consultation will be analysed by the CDRP during November and December, with the draft Strategy and Action plans due for publication in late February 2005. These will also be consulted upon and Members’ views will again be sought.
This report was considered by Policy (Environment) Committee at the meeting held on 13th October 2004. Members commended the Crime, Disorder and Drugs Report.
Implications :
Equal Opportunities :
All sections of the community will be given an opportunity to give their views on the findings set out in the Audit Report.
Best Value and Best Practice :
The Strategy and Action Plans which will evolve from the Audit process will be linked to a series of statutory Best Value Performance Indicators, for which data is currently collected by Northumbria Police.
The Council will also have an opportunity to set crime-related local Performance Indicators (LPIs).
Financial/Legal/Personnel :
Financial :
The CDRP is responsible for the allocation of Home Office funds to projects targeted at priorities for crime reduction based on local intelligence.
Personnel :
The posts of Community Safety Officer and Community Safety Assistant are part and fully funded by grant provided by the Home Office via Government Office North East.
Recommendations : (i) To note the report; and (ii) to invite Members to endorse the Crime Audit Report and provide comments on the Report back to the Community Safety Officer by the deadline of 5th November 2004.
12. NEW REPRESENTATIVE ARRANGEMENTS FOR THE COMMUNITIES OF BERWICK, SPITTAL AND TWEEDMOUTH
To appraise members of the current status of plans to introduce new representative arrangements for local democracy in Berwick, Tweedmouth and Spittal.
Report:
Due to the change in officer responsibilities as part of the CPA Improvement Project, progress towards the introduction of new representative arrangements for the communities of Berwick, Spittal and Tweedmouth have been limited in recent months.
Information gathering visits have taken place to Morpeth Town Council and to North Fenham and Blakelaw (Urban) Parish Council. These have revealed some of the areas over which a Town or Parish Council could take responsibility, as well as giving the steering group a realistic idea of the likely costs involved in running such a council.
The original timescale suggested that the next stage would involve initial publicity aimed at raising a general level of awareness for the idea of forming a Town or Parish Council(s) for Berwick, Tweedmouth and Spittal, and what that body would be able to do for the local communities. At the same time, members of the steering group would be trained so that they could facilitate consultative meetings with local groups and organisations to determine the specific form and remit of the representative body(ies) to be set up.
In view of the current interest in the forthcoming referendum for an elected regional assembly, it may well be appropriate to try to build momentum for the new representative arrangements during November and December. This would be particularly relevant if the referendum returns a “Yes” vote and the Borough Council is to disappear.
A meeting of the Town Council Steering Group will be called to consider how best to raise awareness of the possible new representative arrangements, and to agree a new timeline for actions to take the project forward.
• Remembrance Sunday Civic Service to be held in St Andrews Wallace Green and Lowick Church of Scotland at 9.45am on Sunday 14th November 2004
Purpose:
To notify Members of arrangements for the annual Remembrance Sunday services.
Report:
Members will recall that it was agreed to alternate the Remembrance Sunday Civic Service between the Parish Church of the Holy Trinity and St Mary and St Andrews Church.
The 2004 service will be held at St Andrews Wallace Green and Lowick Church of Scotland, Berwick-upon-Tweed at 9.45am.
The service is scheduled to conclude at 10.30am following which the Civic Party, Members, the services and representatives of other organisations will process to the Service of Remembrance to be held at Castlegate War Memorial, which is scheduled to commence at 10.55am.
Members will be notified of all arrangements in detail by separate correspondence.
• To update Members on the present situation and the various controls measures available.
Purpose:
To appraise Members of the current position regarding the problem of urban nesting seagulls in Berwick-upon-Tweed.
Report:
This report is intended to briefly set out the present situation so that Members can debate whether they consider a problem requiring action exists and what actions may be available if they do so decide. Gulls come into the town during the months of March till August to build nests, lay eggs and raise their young. The buildings of the town provide suitable nesting sites largely free from predators and with command of the area similar to their natural cliff side habitats. In occupying these sites and foraging for food the birds produce high noise levels, fouling of buildings and vehicles and occasionally attack humans to protect their fledglings. Over the years whilst the gull population grew, a strong tide of annoyance and calls for action built up amongst residents of the affected areas. The subject was last considered in detail by the Policy (Environment) Committee in September 2001. All the known methods for addressing the widely perceived problems of noise, fouling, attacks on people and possible disease spread were presented in some detail with cost estimates. The pros and cons of each method were briefly presented. A working group of officers and Members was appointed and reported back to a further Committee on the 29th January 2002. The Committee decided to adopt a policy of offering free chimney spiking plus the issue of an educative leaflet within the areas of Berwick, Tweedmouth, Spittal and East Ord. This policy has been renewed on an annual basis. It has proved to be a popular policy with demand initially outstripping the capacity of the contractor to perform the service so that a waiting list has built up. However it is thought that proofing of chimney stacks in the numbers our scheme allows has a minimal effect on population growth and only serves to cause the birds to move to other locations within the same area.
There is an impression that the population of nesting gulls is increasing however there are no up to date figures available for numbers and distribution of nesting pairs. Dr. John Coulson (formerly of Durham University) carried out the last count in 1998 when 322 breeding pairs were found and their distribution described. The Committee may like to decide whether this exercise should be repeated at a cost of roughly £1,500 plus travel for the initial colony count in May with a full report and distribution map, plus advice on the efficacy of control measures. For a further £500 Dr Coulson could revisit later in the season to see how successful the gulls breeding had been. This would be particularly relevant if any clearance or egg treatment type control methods have been used.
If the Committee decide that there is a continuing problem a number of control methods are available listed below.
Culling
A number of companies offered a culling service using trained marksmen and complying with requirements of the police and acting on the instruction of the Council. The costs of such an operation would be determined by the precise method and location of operation but it was suggested that the cost of culling 100 birds would be approximately £3,500.00.
Falconry
A number of companies offered a service using birds of prey to deter seagulls from nesting within an area that the birds of prey were flown. Discussions suggested that to be effective the birds of prey must be flown frequently during the nesting season and required the use of a number of trained birds. The use of larger birds of prey which did not actually kill the seagulls but flew hunting and stooping patterns and intimidated the gulls into not nesting appeared to be most appropriate for use in Berwick-upon-Tweed. A small minority of gulls might not be deterred and would require alternative methods of control if they were to be removed. It was suggested that the treatment should be repeated over a 5-year period between March and July. It was estimated that the annual cost of treatment in Berwick would be up to £20,000.00 in year one with the cost reducing in subsequent years as birds were deterred from returning.
Pricking and Oiling of Eggs
A number of companies offered this service where nests were visited and eggs were treated to stop them hatching, but were left in the nest with the intention that the gulls continued to brood.
This methodology does not reduce the nesting population although would reduce problems associated with young birds and fledglings including attacks on humans. There might be a long-term impact on the population, although there would be inward migration from colonies elsewhere. It was estimated that the annual cost of such a treatment would be approximately £4,000.00 for a limited area of the town centre.
Nursery Clearances
It is said that some success had been achieved in other authorities by taking a confined area of a town centre and continuously clearing nests and eggs throughout that area as fast as the birds rebuilt. After a period the birds no longer used that area but moved elsewhere. If a large enough area is cleared this way, since gulls do not like areas with no other gulls nesting this prevents re-colonisation in significant numbers for a year or two. The cost of this treatment is obviously dependent on the size of the area and number of nests. The charge for the town centre area is estimated to be £250 per person per day plus cost of a cherrypicker.
Proofing
Many companies offered a proofing service using a variety of different methods. The cost of the service depended upon the method employed and the area to be proofed, accounting for any access problems which may be encountered. In order to have a significant impact upon the population within the town most of the buildings in both the public and private sector including commercial buildings required to be proofed.
Members need to consider whether to continue with the free installation of deterrent spikes on both public and private sector property or to introduce a charge for the service. An annual budget of £5,000 is currently provided for the service and it is estimated that a possible extra £5,000 is required to deal with the remaining backlog. Demand for this service varies according to publicity of the scheme.
Discussion of Effectiveness of the Above Methods
Most of the identified methods required the co-operation and permission of property owners to ensure their effectiveness. It should not be thought that the above methods all produced an equal degree of control. Of the methods outlined only culling, falconry and nursery clearance realistically had the potential to produce a significant drop in the overall population of gulls in the urban area of Berwick.
Culling would reduce the population by the number of gulls culled, but Members were aware that removal of population pressures might produce a quick bounce-back to existing or higher levels. If this option was adopted a systematic approach working from the outside of a colony would be designed to maintain population pressures on the remaining population. The moral/ethical question of killing such large numbers of birds, plus the legal and practical problems associated with the use of firearms in the urban environment and the possibility of action by animal rights activists and negative publicity must be taken into account when considering this option. This was considered to be the cheapest of the effective methods in the short term.
Falconry might offer a high-level of control without any of the disadvantages associated with culling, but again there are significant reservations. This method had been used with a degree of success in non-urban environments such as refuse tips, airfields, and large industrial complexes. However it is thought that Berwick-upon-Tweed would be the first urban area where a falconry operation of this type and scale had been attempted. It is thus untried in this kind of situation, with no absolute guarantee on the degree of success. Indeed some falconry experts have suggested that it is unlikely to succeed in the urban environment. Should this option be considered it is suggested that the operation be carried out subject to (initially) weekly and then fortnightly review periods during the whole operational period from March-July. The effectiveness of the operation would be continuously assessed and the contract could be terminated without excessive financial penalty, if it was less effective than operators suggested.
Nursery clearance is known to work if enough manpower is used with cherrypickers, however this would be an expensive operation which is yet to be costed for Berwick-upon-Tweed.
With respect to stack proofing it is unclear what effect this has had on population size and distribution though it is clear that individual property occupiers have benefited from this policy and it does go at least some way to addressing the public’s concerns.
Seagulls in the town are viewed either as an attraction demonstrating the seaside atmosphere of Berwick, or as a nuisance causing damage and annoyance to buildings, residents and visitors. Depending upon the viewpoint of the individual the removal of gulls would either detract from or enhance the environment. In purely financial terms the damage to the environment in terms of the cost of cleaning and repairs to buildings and vehicles (whilst unquantified) seems to be greater than any benefit the gulls impart and this cost would inevitably increase with any population growth.
This substantive report was considered at the meeting of Policy (Environment) Committee held on 13th October 2004, at which Members decided :
• That there was sufficient evidence of a problem to warrant action
• To commission further studies of the numbers and distribution of breeding gulls
• To continue to support the present policy of free proofing of chimney stacks; and
• To await the outcome of the study before deciding whether to implement further controls
Recommendation: To note both the report and the decisions made at the meeting of Policy (Environment) Committee held on 13th October 2004.
15. EXCLUSION OF PRESS AND PUBLIC
The Committee are asked to consider passing the following resolution:
'That under Section 100A (4) of the Local Government Act 1972, the press and public be excluded from the Meeting during consideration of the following items on the grounds that they would involve the likely disclosure of exempt information as defined in Part I Schedule 12A of the Act:
Item 16 : Paragraph 7 : Information relating to the financial or business affairs of any particular person (other than the authority).
16. LANDING PONTOON AT THE CHANDLERY, BERWICK-UPON-TWEED
