Councillors want tough new rules on public drinking

Oct 2 2008 by John Rowbotham, Hamilton Advertiser

MOVES are underway to tighten South Lanarkshire’s street drinking byelaw.

Councillors have agreed in principle to extend the byelaw to areas not already covered.

They also want to tighten the rules by making it an offence just to be in possession of an open container ofalcohol in a public place.

South Lanarkshire Council approved a byelaws banning bevvying in public places in 1996, although street drinking restrictions had been in force in some areas before that date.

The byelaw currently covers 90.3 per cent of the population in 33 towns and villages.

Among the towns already covered are Hamilton, Larkhall, Stonehouse, Strathaven, Lanark, Carluke, and Blantyre.

Police have now contacted the council to request a re-think.

They have called for the extension of the byelaw across the whole of South Lanarkshire.

However, members of the council’s corporate resources committee were yesterday (Wednesday) told that Scottish Ministers were against ‘blanket bans’.

Council corporate director Robert McIlwain said the Scottish Government would, however, approve byelaws for areas not previously covered if it was proved that those areas had a history of disorder or had become a focus for yobs displaced from towns and villages covered by the bevvy ban rule.

The committee have asked police to supply data that they can use to persuade Ministers to extend the byelaw.

Senior officers also asked for the introduction of a new law to help them tackle boozing yobs.

Under the current byelaw, police have to prove that a person carrying an open container of alcohol in the street has drunk from it.

Members of the council’s corporate resources committee were yesterday (Wednesday) told that this can prove difficult.

Mr McIlwain said police had suggested that the council consider making a new byelaw that outlaws the possession of an open container of drink in a public place.

“It is recognised that there may be concerns about criminalising innocent behaviour such as carrying an open bottle of alcohol to and from a party,” added Mr McIlwain. “However, the police would have discretion in enforcing such a byelaw.”

Councillors were told that Ministers had approved similar byelaws in other areas of Scotland.

The proposed byelaws will now be advertised to give people the chance to object.

Ministers will consider any objections before deciding whether to approve the new rules.

Council Leader Eddie McAvoy backed the police request and added: “We get regular complaints of groups standing about in the street drinking.

“It might start with the best of intentions but once the drink kicks in they become a nuisance and passers-by can feel intimidated.

“Anything that helps the police stamp out this type of antisocial behaviour is to be welcomed.”