200 reports and 65 cautions

The City Solicitor Damien McMahon reminded the public of its responsibilities under the recently passed byelaw and warned that people who ignore it could face prosecution.

A number of prosecutions have been undertaken of which five have been concluded. Nine cases have been adjourned for hearing later this month.

Twenty further prosecutions are pending and eleven offers to dispose of the offences by way of formal caution have been issued.

He explained that the new byelaw prohibit the consumption of intoxicating liquor in designated streets and public places across the City Council area.

“The new byelaws empower Council to prosecute those found to be in breach of the legislation in close co-operation with the PSNI.

“While Council is the enforcing authority, it can only take enforcement action on foot of a report of an alleged breach of the byelaws from the police.

“The only enforcement power available to Council is to prosecute for breach of the bye-law before a Magistrate’s Court or to offer a caution to the offenders. On conviction the court has the power to impose a maximum penalty of £500,” he said.

Mr McMahon explained that the majority of alleged offenders are under the age of 25 and those under the age of 18 who are reported to the Council are dealt with by the police under their Youth Diversion Program.

He explained: “It is a general approach that if reported for a first offence, the alleged offender is offered the opportunity of accepting a formal caution instead of being prosecuted through the court if the evidential test is satisfied.

“If accepted, the caution remains on record with the Council for five years and if a second offence is committed by that person, and he or she will be prosecuted and if found guilty, or a guilty plea is entered, within that five year period, the caution will be brought to the court’s attention and the judge will normally impose a more severe penalty for the second offence.

“Of the 101 reported in one month period last year, all were offered the option of accepting a caution. However, only 30 accepted this offer. Accordingly, the remainder are subject to prosecution.”

PSNI Area Commander for Foyle, Chief Inspector Jon Burrows said on-street and underage drinking is an issue for police and the successful partnership approach between the PSNI and Council in addressing this issue is having a real impact on the ground.

Damien McMahon added that Council hopes the increased awareness of the legislation alongside the erection of signage in ‘hot spot’ locations across the city will help create a better environment across the city and also help tackle the issue of on-street drinking and anti-social behaviour.