Item 12 - Update to Park Management Rules
West Dunbartonshire Council · 22 May 2024
Back to Infrastructure, Regeneration & Economic Development Committee — 22 May 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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WEST DUNBARTONSHIRE COUNCIL Report by Chief Officer – Regulatory & Regeneration Infrastructure, Regeneration and Economic Development Committee 22 May 2024 Subject: Proposed amends to the Management Rules for the Administration of Public Parks and Open Spaces 1. Purpose 1.1 To obtain the Committee’s approval to consult upon the proposed revised Management Rules for the Administration of Parks and Open Spaces. 2. Recommendations 2.1 It is recommended that:- (a) Members consider and approve the terms of the proposed Management Rules incorporating a rule prohibiting the possession of alcohol in a Park or Open Space further to a failure to comply with request from a Council Officer to remove said alcohol from the Park or Open Space or to dispose of said alcohol; (b) authority is delegated to officers to consult upon the terms of the proposed Management Rules and advertise as required in terms of the Civic Government (Scotland) Act 1982 (the 1982 Act); (c) Officers specifically consult with community councils, the National Park Authority, Police Scotland, and any other relevant bodies; and (d) thereafter, a report is brought back to a future meeting of this Committee to consider the consultation responses. 3. Background 3.1 Under the 1982 Act the Council has in place Management Rules for the Administration of Parks and Open Spaces. These Management Rules regulate the use of and the conduct of persons while in or on Council Parks and Open Spaces. 3.2 Where an authorised officer of the Council has reasonable grounds for believing that a person has contravened or is about to contravene the Management Rules then that officer can expel or exclude that person from the Park or Open Space. Where that person fails to comply with the ITEM 12
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instruction then they are committing a criminal offence. 3.3 The Committee last reviewed and updated these Management Rules in early 2019. The 1982 Act does not allow for the Management Rules to be amended and therefore, to amend the Management Rules, the Committee must make new Management Rules incorporating any amendments. 4. Main Issues 4.1 Members will be aware that alcohol-related disorder can be an issue in the Council’s Parks and Open Spaces especially during the summer months and in particular within Balloch Park. The Council and its partners including but not limited to Police Scotland work together to tackle this disorder. Multi-agency discussions have identified the need to make sure that Council and Police officers have powers to prevent persons bringing alcohol in Parks and Open Spaces. At the current time both Council and Police officers have limited powers in relation to persons possessing unopen alcohol who are entering or within Parks and Open Spaces. 4.2 The Management Rules only prohibit the consumption of alcohol where it is in contravention of the Council Byelaw and persons being under the influence of alcohol. They are silent on the possession of a container of alcohol. It is proposed that the Management Rules be updated at paragraph 1.15 to insert the words “Being in possession…” so that the possession of alcohol is prohibited where that person has been asked to remove the container of alcohol from the Park or Open Space or to dispose of it by a Council Officer but has refused to do so. This Rule would be disapplied should the Council’s written permission be given in advance. This would allow for events where alcohol is sold to continue subject, of course, to the Council granting permission for the use of the Park or Open Space and the Licensing Board granting the appropriate licence. The draft Management Rules can be viewed at Appendix 1. 4.3 Were this foregoing amendment to be approved then this will allow Council Officers to expel or exclude persons from the Parks and Open Spaces where they are in possession of alcohol and have refused to remove or dispose of the alcohol from the Park on being requested to do so. Requiring a Council Officer to make a request in this instance protects against inadvertent breaches of the Management Rules thereby ensuring the Rules are proportionate and reasonable. Failure to comply with this instruction is a criminal offence and may result in Police involvement. This mode of operation mirrors the currently working arrangement between the Council’s Anti-Social Behaviour Services and Police. It is hoped that this will help prevent alcohol from entering and being consumed in Parks and Open Spaces. 4.4 This change – if approved – will be advertised at principal entry points to Parks and Open Spaces. It is hoped that this will act as a deterrent.
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4.5 Owing to the drafting of the 1982 Act it is not possible amend the Management Rules to include this prohibition and therefore the Committee will need to consult on the Management Rules as a whole and not just this amendment to prohibit alcohol. For the avoidance of doubt, no other changes to the Management Rules are proposed by Council officers. 5. People Implications 5.1 There are no personnel issues for the Council arising from this report. 6. Financial Implications 6.1 Refreshing signage at Parks and Open Spaces will carry a cost and has been budgeted for. 7. Risk Analysis 7.1 There is no increased risk to the Council associated with the contents of this report. 8. Equalities Impact Assessment (EIA) 8.1 EIA 868: The Management Rules are to be updated to prohibit the possession of alcohol in Parks and Open Spaces. This is hoped to reduce the possibility of anti-social behaviour, and make spaces more attractive for users and potential users. This will have a positive impact on protected groups. This EIA will be revisited further to the public consultation. 9. Consultation 9.1 Detailed discussions have been had with the relevant Police Officer who has confirmed that they are supportive of the amend and that the process outlined at paragraph 4.3 is workable from their perspective. 9.2 A full public consultation on the proposed Management Rules will be required. Members will require to consider the responses to the public consultation and, to allow this, a report will be brought back to Members following the consultation. 9.3 Consultation on this report has taken place with Finance. 10 Strategic Assessment 10.1 This proposed change to the Management Rules will help make sure that Our Communities are Resilient and Thriving. Chief Officer: Regulatory and Regeneration
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Date 9 May 2024 Person to Contact: Michael McDougall Manager of Legal Services West Dunbartonshire Council Municipal Buildings College Street Dumbarton G82 1NR michael.mcdougall@west-dunbarton.gov.uk Appendix Appendix 1 – Draft Management Rules for Parks and Open Spaces Appendix 2 – EIA 868