Agenda item

Consider report by Service Director Regulatory Services.  (Copy attached.)

DECLARATION OF INTEREST

Councillor Moffat declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

With reference to paragraph 4 of the Minute of 29 November 2018, there had been circulated copies of a report by the Service Director Regulatory Services providing an update on the current position regarding the Alcohol Byelaws and the next steps required should Council wish to progress the byelaws. The report explained that following engagement with the then five Area Forums, the Community Councils and the public over a seven month period in 2013/2014 a report on “Byelaws to Prohibit the Consumption of Alcohol in Designated in Public Places” was considered by Council in March 2014.  The Service Director Regulatory Services was instructed to take matters forward under the statutory process.  In terms of the statutory process, Letters of Content were required from the Police and the Procurator Fiscal.  Draft Byelaws were forwarded to the relevant parties for their comment which took some time to be received.  On receipt of the comments further revisals were required to the draft Byelaws.  At this stage the Council’s Licensing Officers’ views on the comments received were also requested.  Due to the comments received from all parties the draft Byelaws were further revised and fresh Letters of Content requested from the Police and Procurator Fiscal.  The Council’s decision of 2014 now required Officers to submit the draft Byelaws to the Scottish Government for comment, along with the Letters of Content from the Police and Procurator Fiscal.  Thereafter a formal public consultation exercise would be carried out in terms of the Local Government (Scotland) Act 1973. Fuller details of the process are outlined in Section 4 of this Report.  It had been over four and a half years since Council last considered this matter and it had therefore taken an exceptionally long period of time for this juncture to have been reached. For this reason, Members were being asked to consider whether or not they wished Officers to proceed as originally agreed.  Members discussed the position and were divided on both whether such byelaws should be introduced and if there should be further consultation.

VOTES

Councillor Greenwell, seconded by Councillor Edgar, moved that recommendation (b)(i) continue to progress the draft byelaws as originally agreed.

Councillor S. Hamilton, seconded by Councillor Brown, moved as an amendment recommendation (b)(ii) cease the current process and not submit to Scottish Government.

Councillor Laing, seconded by Councillor Turnbull, moved as an amendment recommendation (b)(iii) start a new consultation process to consider the need for Bye-laws in the Scottish Borders.

The Clerk to the Council explained thatas the Amendment by Councillor S. Hamilton proposed no further action and as such in terms of Standing Orders involved the direct negative a vote for and against that would be taken first.  If this amendment was defeated then there would be a second vote placing the Motion and remaining amendment against each other to determine the way forward

Amendment by Councillor S. Hamilton -            For         7

                                                                            Against  21

The Motion to take no further action was defeated so a second vote was taken as detailed below

Motion by Councillor Greenwell                     -                  4 votes

Amendment by Councillor Laing                    -                  24 votes

Councillor Laing’s Amendment was accordingly carried.

DECISION

DECIDED to:-

(a)     note the Report and the process required to remit the draft Byelaws to the Scottish Government;

(b)     start a new consultation process to consider the need for Bye-laws in the Scottish Borders; and

(c)     require the Service Director Regulatory Services to conclude the consultation within 12 months and report back to Council on the findings of the consultation.