The drunken dozen

In the last few weeks the police have been called out up to 12 times a day following complaints about people drinking openly in the town, in breach of the drinking bylaw which prohibits drinking of alcohol in certain public areas.

Devizes's police chief, Inspector Pete Bowerbank, said the number of offences involving drunkenness had increased over recent months.

He said the problem was caused by a hard core of 12 people, many of whom were trying to come off hard drugs and were turning to alcohol instead.

"There has been a marked rise in anti-social behaviour in the town centre," said the inspector.

"There are 12 locals causing us considerable amount of trouble and time dealing with them. They are being very anti-social and drinking to excess.

"We move them from one area of the town and get called to deal with them when they go somewhere else and start behaving anti-socially.

"It shows how a dozen people can have such an impact on Devizes."

Town councillor Ray Taylor said action needed to be taken to clamp down on unruly behaviour.

He said: "Many elderly people perceive the Market Place as a no go area in the evenings because of the behaviour of an abusive minority."

The bylaw is due to be strengthened later this year to allow police to arrest someone on the spot for breaching the drinking bylaw. Until then, all the police can do is warn the offender and if the offender is caught again they can be prosecuted. In addition, the area where the bylaw operates is to be extended in Devizes to take in Rotherstone, the cemetery, Avon Terrace and the towpath between London Road and Town Bridge.

The change is welcomed by Insp Bowerbank. "It will be an advantage because having the power of arrest is more of a deterrent," he said.

But once offenders are in court, there is concern that the punishments they face aren't tough enough.

In recent cases, fines of £50 were imposed by magistrates where the drink bylaw was broken, and £40 for being drunk and disorderly.

The maximum penalty for breaking the drink bylaw is £500 while the maximum fine for an offence of drunk and disorderly is £1,000.

But national sentencing guidelines approved by the Lord Chief Justice state that for someone on a net weekly wage of £100 the correct fine for the offence of drunk and disorderly would be £50 while someone on a weekly income of £300 would be fined £150.

Magistrate Jackie Lampard, chairman of the south east Wiltshire bench, said: "We must take into account people's means when sentencing them. The Lord Chancellor's office say that fines should be paid off in one year.

"In many cases of drunk and disorderly the only penalty we have is a fine."

However, there are measures that are available to magistrates to crack down on drunkenness, one which is contained within a new act of law and one dating back to the 19th century.

David Brewer, clerk to the justices in Wiltshire, said anti-social behaviour orders could now be imposed by magistrates in cases where, for example, it could be proved a defendant had a recurring drink problem and was causing harassment and alarm to the public.

The anti-social behaviour orders could ban the defendant from a certain area or impose conditions on their movements. The order would last for a minimum of two years and if breached could result in a jail term of five years.

The little known Inebriates Act of 1898 can be used on a defendant following a third conviction for drunkenness.

Invoking the act, together with the Licensing Act of 1902, would make it an offence for a licensee to sell the defendant alcohol.

Mr Brewer said: "It can be imposed on a person who builds up a range of drunkenness offences in a three-year period and they are deemed to be a habitual drunkard. It's a pretty draconian thing to do but it has been used on a few occasions in Wiltshire.

"Magistrates have used it in an innovative way. They have imposed the order when there is a public order problem and when they are concerned about an individual who is continually getting drunk and coming to court."

Meanwhile for the police officers who are dealing with those getting drunk and behaving anti socially in Devizes it is a frustrating situation.

PC Tom Kinderman, who was punched in the Market Place at 7pm on a Monday evening in full view of foreign tourists, said: "The general public are concerned about it. When I do foot patrol in the town, people are always asking 'what are you doing about the drunks in the town?"

Magistrates tell defendant: You're drunk

MAGISTRATES in Devizes refused to take a plea from defendant Darren Waldie, charged with being drunk and disorderly, because they believed him to be the worse for wear through drink.

Waldie, 32, was also threatened with contempt of court by magistrate Geoff Olsen when there was a disturbance in the public gallery during the case of Scott King.

Waldie, King and Joanne Nutland appeared separately in court on Tuesday to answer alcohol related charges.

They are part of a small group of people who have been drinking in public places in Devizes, including round the fountain and the market cross in the Market Place, and irritating the public.

Waldie, who appeared unsteady on his feet, was not represented at the court hearing.

He had earlier been dismissed from the courtroom and he was warned by Mr Olsen that his behaviour was close to being in contempt of court.

Mr Olsen told Waldie he was not in a fit state for the case against him to proceed.

Mr Olsen said: "The bench does not believe you are sober. You are under the influence of alcohol. We are not prepared to take a plea from you as you are not capable."

The magistrates were told by probation officer John Crocker that Waldie, of Mayenne Place, Devizes, failed to attend a hearing at Andover Magistrates Court on July 28 where he was due to be sentenced for theft of alcohol from Wadworth brewery in Devizes, breach of bail and breach of community punishment order.

Waldie said he couldn't get to Andover because he was homeless and had no money.

But Mr Olsen said: "You say you have no money but you are drunk."

Waldie denied being drunk but agreed he was under the influence of alcohol.

Mr Olsen added: "You and your fellows hanging around the town centre do not do this town any favours."

The magistrates adjourned the case for the probation service to prepare a report on Waldie. Sentencing will be at Andover Magistrates Court on September 1 and custody is an option.

King's case was also adjourned for the probation service to prepare a report and sentencing will take place at North Wiltshire Magistrates Court, in Chippenham, on August 28 with custody being an option.

King, 31, of Eastleigh Road, Devizes, pleaded guilty on Tuesday to two charges of being drunk in a public place in Devizes and admitted breaching a drug treatment and testing order by failing to attend a residential centre in Weston-super-Mare.

The court heard it was the second time King had breached the drug treatment and testing order.

Mr Crocker said: "The officers involved with the order are willing to reassess him to see if it is appropriate to continue and if the court agrees and indeed if Mr King should show the commitment required."

King replied: "Definitely."

Both King and Waldie were released on bail with the condition that they are prohibited from buying alcohol from licensed premises and are not allowed to be in the alcohol aisles in supermarkets.

Nutland, 33, of no fixed address, pleaded guilty to assaulting PC Tom Kinderman in the Market Place, Devizes, on July 28 and being drunk and disorderly.

However Nutland disputed some of the facts relating to the assault on PC Kinderman and a special court hearing will be held for magistrates to determine the facts.

She pleaded not guilty to damaging a window belonging to Sarsen Housing Association on June 4 and this case was adjourned.

She also admitted breaching a community rehabilitation order imposed for a breach of a two-year conditional discharge.

Stephen Clifford, defending Nutland, said she was living on benefit and was currently homeless, although was using the offices of KASH (Kennet Action for Single Homeless) in Devizes as a postal address.