Stakeholder Position - Local Government Association

 

Introduction

 

This briefing sets out the LGA’s key messages on the Violent Crime Reduction Bill, which was published on 8 June 2005. 

 

The LGA speaks for nearly 500 local authorities that represent over 50 million people and spend some £78 billion pounds per annum and exists to promote better local government. We believe that the 'future is local'. Councils are working to deliver our priorities of fulfilling every child's potential, cutting crime and the fear of crime, improving the public's health, delivering sustainable communities and creating cleaner and greener neighbourhoods. We are calling for an early reform of the local government finance system and a more streamlined and proportionate inspection and regulation regime to help us achieve these priorities. 

 

The Violent Crime and Reduction Bill sets out a package of measures to tackle crime involving imitation guns, knives and alcohol. The Bill is divided into three main parts:

• Alcohol related violence and disorder
• Weapons
• Miscellaneous  

 

 

LGA key messages

 

• The LGA shares the government’s commitment to reducing violent crime and we are pleased that the bill recognises the leading role councils can play in creating safer communities in partnership with the criminal justice system.
• Additional powers given to councils to address local alcohol-related problems will be useful tools. However, it is important that enforcement measures are not implemented in isolation and must go alongside projects with a more considered approach to the deep-rooted causes of binge-drinking. For example Drinking Banning Orders (DBOs) could be combined with treatment orders.
• We have further concerns around how the new levying system will work and additional financial burdens for local councils.

 

 

Alcohol related violence and disorder

 

DBOs

The Bill will give local authorities and the police the power to impose DBOs on individuals who have behaved in a violent or disorderly way as a result of alcohol consumption.

 

The LGA welcomes this new power. Binge drinking and alcohol related disorder are issues of key concern to local people and DBOs will an additional tool to address this problem. They may be useful, for example, in tackling drinking in town centres, housing estates and parks. However it is important to recognise that in many instances DBOs signify that preventative measures have failed or have been are insufficient. One way of making DBOs a more sustainable measure is to accompany the order with support for the individual concerned. This might include, in addition to any necessary alcohol treatment, short awareness raising courses or specific support around issues such as anger management. This support could come in the form of a treatment order attached to the DBO.

 

We would like to see more detail in the bill about how the cost implication for councils in implementing DBOs will be met. For example, there could be provision for cost orders to be attached. This would be a further expression of the “polluter pays” principle.

 

ADZs

The Bill will give councils and the Police the power to designate an ADZ in areas of high alcohol related disorder. Premises within this area will then be required to pay an additional fee to fund public services in the area.

 

The LGA welcomes this new power as an additional tool to tackle alcohol related disorder. In particular, we welcome the links with the licensing regime. For example, where a licensee within an ADZ refuses to pay the appropriate levy, the license can be suspended.

 

ADZs can be improved by: 

• Reserving this power for unitary and district councils. This would allow synergy with the licensing regime in two tier areas of local government, and clarity of responsibility;
• Enabling councils to recoup costs incurred within the statutory eight week consultation period. The preparation for the implementation of an ADZ threatens to pose a significant financial burden on local authorities.
• Allowing local discretion on which premises will be exempt from an ADZ. We do not agree with the current definition of exemptions as we fear that some of those premises who are the root of the problem could potentially argue for their exemption from a designated zone.

 

Other provisions

The Bill introduces a quicker method for reviewing licenses. Chief officers of police may request a review of a premise licence where the premise is considered to be associated with serious crime or disorder concerns and, in receipt of a request for review, the licensing authority must determine within 48 hours what steps should be taken. Councils could for impose new conditions on the license, for the duration of the license or for a limited period.

 

The LGA welcomes this measure. However the proposed new method for reviewing licenses needs to take into account the additional financial burden on councils. This would specifically be the case under the Bill where time limited conditions are imposed on licenses. We believe there should not be a maximum period of three months for time limited conditions. It should be possible to impose conditions that can exist for, at the minimum, the duration of an ADZ (which could be more than three months). If councils and the police needed to go through the license review process again, the council would incur greater costs.  

 

Weapons  

 

The LGA supports the introduction of additional safeguards with regard to guns and knives. We have an interest specifically in the new power for head teachers to search pupils. School security policies are agreed by individual schools but councils may be called upon for advice. We would welcome further guidance on these new powers in order to help schools implement these measures in the safest possible way.     

 

Miscellaneous (including measures tackling prostitution and sexual exploitation) 

 

The LGA specifically welcomes the changes proposed to the Sexual Offences Act 2003, with regard to the forfeiture and detention of vehicles used in relation to trafficking and sexual exploitation. We have been looking into ways councils can help to tackle prostitution and sexual exploitation and welcome any changes in legislation that would support the achievement of this objective.  

 

For further details contact Deborah Meakings, LGA education and social policy

on 020 7664 3290, or Astra Fletcher, LGA public affairs on 020 7664 3297