16/12/2013 BBC Points West


16/12/2013

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arrives on Friday. Can't wait! That's all from

:00:00.:00:00.

West Somerset coastline. Join us at 6:30pm.

:00:00.:00:07.

Welcome to BBC Points West with Alex Lovell and Sabet Choudhury. Our main

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story tonight: Continuing the fight to die with dignity.

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The family of Tony Nicklinson take their campaign to the highest court

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in the land. That we have nine judges sitting shows how seriously

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they are taking it. We'll be asking a legal expert to

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assess their chance of success. Also in tonight's programme: Facing

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16 years in an Indonesian prison, the former police worker who

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admitted smuggling drugs. Jailed for admitting that he raped a

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prostitute Bristol. The case that's been welcomed by the sex industry.

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And the centuries`old practice of oyster farming returns to the West

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Somerset coastline. Good evening. Tony Nicklinson

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suffered from locked`in syndrome ` meaning he could see and hear what

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was going on around him but could only communicate by moving his eyes

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` because he was almost totally paralysed. The former engineer from

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Wiltshire died after losing a High Court battle for the right to

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voluntary euthanasia for himself and his fellow sufferers. But today his

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widow took their fight to the highest court in the land. Jane

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Nicklinson was joined in the Supreme Court by Paul Lamb, who was

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paralysed in a road accident more than 20 years ago. He now wants a

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doctor to help him die in a dignified way. Sarah`Jane Bungay

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reports from London. They arrived determined, but

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realistic. Jane and Lauren Nicklinson know this is their final

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chance. Together with Paul Lamb they're hoping to sweep aside a

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current ban on assisted suicide using the Human Rights Act.

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I need to know that my dad's suffering meant more than just

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suffering. I need to know that some good will come out of that. I think

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back to when dad was still here and think back to him crying in his room

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and hurting so much. I don't want anyone else to be in that position.

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I don't want to be in a position. Tony Nicklinson always said he was

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being discriminated against. He was unable to take his own life due to

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his disability, and wanted a medical professional to do it for him

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instead. That could have led to prosecution of that individual. Tony

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said his right to choose when to die had been taken away from him.

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This appeal marks what the appellants hope will be their final

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attempt to a steady extraordinary and, we submit, cruel consequences

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for them. Today, nine of the country's top

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judges sat to decide if the current ban on assisted suicide contravened

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a right to respect for private and family life. Lawyers for the

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Nicklison family said in Oregon and the Netherlands, where regulated

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assisted suicide is legal, there hadn't been any kind of slippery

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slope leading to vulnerable people being targeted. They argued it was

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the fear of this which had stood in the way of reform. The evidence from

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all or other jurisdictions which change the law is that once you

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licensed doctors to prescribe lethal drugs so that patients can kill

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themselves, you inevitably get incremental extension and mission

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creep. An increase in numbers year`on`year, and more and more

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categories of people being involved. It cannot be controlled.

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Paul Vodden QC continued his arguments, saying that a measure

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that once seemed appropriate may have become out of touch with what

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society seems acceptable. The ban on, sexuality was perhaps one such

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measure, we argue that the ban on assisted suicide is another.

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Tomorrow the Ministry of Justice will put forward their argument to

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keeping the status quo. A ruling isn't expected from the Spreme Court

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until next Spring. Joining us now from London is legal

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expert, Joshua Rozenberg. How seriously are the courts taking this

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case? Very seriously. It is not just that

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nine judges are sitting on my three quarters, it is the very fact that

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they are hearing this case. Tony Nicklinson did take his own life

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last year, and the judges could have said, this is what we call a moot

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case, there is no point to it. On the contrary, be allowed Jane

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Nicklinson to bring the case on his behalf, he heard the claim by Paul

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Lamb, and other related case by a man called Martin. Ya taking this

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very seriously indeed. Does going to the Supreme Court give the family

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more chance of getting success in this case?

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I think they knew all along when they took this case to the High

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Court and lost that their only hope was the Supreme Court. We don't know

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what the Supreme Court is going to decide. I don't think the judges

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themselves know yet. They want to listen to four days of argument

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then it will be plenty of arguments among themselves in order to decide

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what the decision is going to be. They are torn between saying, as the

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lower courts did, this is a matter for Parliament and judges cannot

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make law, and on the other hand is taking the view that Parliament is

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not going to go there and if anyone is going to give these families some

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hope it will be the courts. If they lose, is the end of the line for

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their campaign? Certainly as far as the courts are

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concerned. There is the possibility of the European Court of human

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rights, they are arguing human rights laws on the basis this is an

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interference with Tony Nicklinson and others' right to life, but the

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next stage if they lose nihilistic campaign in parliament to try to get

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Parliament to change the law. A woman from Gloucestershire, who

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admitted smuggling drugs into Indonesia, could spend the next 16

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years in prison. Andrea Waldeck who used to work for the police, was

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back in court today to hear the prosecution propose her sentence.

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But her lawyer has objected to the demand, calling it too harsh. Laura

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Jones reports. Back in court in Indonesia this

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morning ` 43`year`old Andrea Waldeck. Today, she came to hear how

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long prosecutors think she should spend in jail. Andrea Waldeck, who

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used to work as a community support officer with Gloucestershire police,

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was arrested earlier this year, for smuggling drugs into the South East

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Asian country. She has admitted the charge, but says she was coerced

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into it after being threatened. The prosecution asked for her to be

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sentenced to 16 years in jail and to be fined $200,000.

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They asked for a long sentence because the Indonesian government

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tries to curb drug smuggling and drug use, which the authorities say

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is on the rise. This sentence, while it is a good indicator of what the

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judges will eventually deliver, sometimes the judges could deliver a

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sentence that is lighter, or much harsher than what the prosecution

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has recommended. Indonesia has some of the toughest

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anti`drug laws in the world. Recently, another woman, Lindsay

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Sandiford was sentenced to death after being caught with almost five

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kilos of cocaine. She is awaiting the penalty in Bali. The judge

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decided to impose the toughest sentence possible. Images of Andrea

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Waldeck, the court will hear from her defence team in the beginning of

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January, and the judge is likely to make his decision about half the a

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few weeks after that. Just nine days now until Christmas.

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Not long to go. Plenty more stories tonight, including, counting the

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cost of the weekend gear up. Bars and clubs being asked to pay up to

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keep one`time tidy. And all for charity, we'll be

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meeting the Wiltshire family who have covered their home and garden

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in 100,000 lights decreed this wonderful winter wonderland.

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A man's been jailed for three years and four months for the rape of a

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prostitute in Bristol. Daniel`Nicolae Ilie from Romania,

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had agreed a price for sex with the woman, but attacked her when she

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refused to carry out another act. The case has been welcomed in the

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industry, where one in four street workers are sexually assaulted.

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Sally Challoner was in court. The victim is one of an estimated

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one hundred and seventy`seven women selling sex on the streets of

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Bristol. She was picked up on fish ponds Road one night in September.

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She and Ilie agreed on a price ` ?20 ` but he raped her when she refused

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to do more. She was left upset and in pain. Today in court, Illie was

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jailed after admitting the attack. He'll also have to undergo courses

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to give him a better understanding of sexual relationships. The

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sentence has been welcomed by Operation Bluestone, a specialist

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police unit set up to support rape victims.

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It's a good outcome, and re`emphasises that all sexual

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violence is important, all sexual violence is serious, and when

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victims have got the courage and confidence to speak to us, we will

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look after them and support them. Sentencing Illie, the judge Mark

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Horton said: Many of Bristol's sex workers get

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support here at the One25 project in St Paul's.

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It provides advice, counselling health checks, and warm meals. One

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in four have been assaulted, but most don't report it.

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When men see women standing on the street selling their bodies, think

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they can do what they like, that it is there for the taking. And even

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though the woman consents to having sex, they feel that they can take

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whatever they wish. These women are desperate and are victims

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themselves, and have suffered abuse all their lives. I think we need to

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protect them and look after their rights.

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The women here have an 'ugly mugs' list of men who are dangerous and to

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avoid. They hope today's sentence will send a message that just

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because a woman is selling sex, that doesn't mean any kind of abuse is

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OK. A new campaign against dropping

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litter was launched in Bristol today. To show the scale of the

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problem, a pile of all the litter dropped on the street in the city

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centre over the weekend was collected together and put in St

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Augustine's parade. The city spends five million pounds a year cleaning

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up rubbish from the streets. Bars and clubs in Cheltenham will have to

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pay to clear up after late`night drinking. This afternoon, a bar lady

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was approved. Some businesses could be asked to

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pay 4000 a year towards the cost of policing and picking up the litter.

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Cheltenham was built on a reputation of leisure and entertainment and the

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night time economy is now the biggest in the county. But policing

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the town centre in Cheltenham alone now costs over ?600,000 a year. Add

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to that costs of street cleaning and it all adds up ` but now those that

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serve alcohol after midngiht will contrbute towards it. For Ian

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Underhill that will mean over ? ,000 extra a year for his nightclub which

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opens til 6am. We only really trade two nights of

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the week because most of our customers are working people, the

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economic climate has meant that people are watching their spending

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is. With the rates that we already pay, we are not making a mess five

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nights of the week anyway. It Israeli only at the weekends.

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Any funds raised will be spent in Cheltenham. In a robust debate, many

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councillors were unhappy that some smaller B and hotels that choose

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to serve alcohol to their guests will also have to pay the levy ` all

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based on rateable value of their business. But the motion was voted

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through, which could raise ?140 000 every year. 30% will go to the

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council and 70% to the police. I think it is about supporting the

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businesses, then engaging with this, and some were quite supportive

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in our meeting. Is about supporting them, getting the right outcomes and

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improving the town. Many pub owners welcome the levy in

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principal, but say it's too general in its approach, and others let the

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councillor know it. Gary Paterson says he'll pay the levy, but says

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people aren't just drinking in pubs and clubs ` many are pre`loading, as

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it's called, with cheap supermarket alcohol before they come out.

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They don't have to accept it, it is a government policy that they can

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introduce if they wish. Is the introduce a slightly more succinct

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version, maybe a Cheltenham entertainment tax, because it is a

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tax, that may be able to target the problems that are directed this

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time, because not all times are the same.

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The bottom line is, whether you are a small B not in the town centre

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or a big nightclub right in Cheltenham, and you serve alcohol

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after midnight, from the 1st of April next year, you will help to

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pay for the cleaning and the policing of the town centre

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streets. The first city in the UK to

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introduce the levy was Newcastle six weeks ago.

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Joining us now is Damian Conway who is Chairman of Newcastle City

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Pubwatch. So what's been the impact on trade?

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It hasn't made much impact as yet because it is only coming six weeks

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ago, at the early signs are that Newcastle City Council are going to

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do a good job and spend the tax that they raise on elements to make the

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city centre better for drinkers who, after all, other people who are

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paying the tax because we have to put the prices up to pay the tax.

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Wanted traders say about it? Similar to in Cheltenham. Some

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traders say that they could do with more services in the city centre,

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but many of the traders complain that is those rates are already very

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high Newcastle City centre, and one trader in particular pointed out to

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me this morning that if you add up 35 top business ratepayers in the

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city centre, that would cover the entire bill just on the business

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rates. As a trader yourself, what is your

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solution? We believe that we already pay very

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high business rates. We also have a very great relationship with the

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council and the police in the city centre. There are many initiatives

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we do to keep Newcastle City centre safe, and many of our members are

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unsure whether the taxes justified. Perhaps it is just another tax

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sanctioned by central government, and our council have been forced to

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enact it. Some people would argue that these

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bars are attracting people, she do not pay to have it cleared up

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anyway, and police to? Let me use down to outline wood used

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by one of my largest licensees, one of the largest licensees said, I pay

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?30,000 a year in business rates, and for that they don't even empty

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my bins, so we have my business rates gone? Why should I pay more?

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One final thing, what would you message beat any business in

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Cheltenham? My message to the licensees in

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Cheltenham is, please get in contact with Newcastle City Pubwatch, keep a

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good eye on your council and police force to make sure they are going to

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spend the tax for the good of the drinkers in the city centre, and not

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on other ancillary things. Have you noticed any difference in the city?

:16:18.:16:31.

This morning, his thoughts were on keeping dry and getting the players

:16:32.:16:42.

ready for Wednesday's FA Cup replay. Rovers league form is proving harder

:16:43.:16:47.

to solve for John Ward. After steering them to safety last season,

:16:48.:16:51.

they're back where he started a year ago.

:16:52.:16:56.

We survived last year and that was an achievement. It looked like we

:16:57.:17:00.

would have to do a similar situation this year. It's not a great move

:17:01.:17:04.

forward. The squad has settled down, we have got good young players

:17:05.:17:07.

coming through, and good backroom staff, we just need to improve the

:17:08.:17:12.

first`team results. It's not been good enough, and we have to get

:17:13.:17:14.

better. Put simply, they're not scoring

:17:15.:17:17.

enough goals, fewer than one a game on average. That was the story again

:17:18.:17:21.

at Morecambe where they took the lead before losing. A lack of

:17:22.:17:24.

experience, maybe ` Saturday's team contained six players aged 23 or

:17:25.:17:31.

younger. At some point you got to grow up in

:17:32.:17:34.

this game and realise what you need to do to win a football and at this

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moment it is something that is eluding us. But I think we need to

:17:39.:17:44.

stick together, stay strong, keep working hard, and I firmly believe

:17:45.:17:47.

the games will change and the results will come. Rovers have been

:17:48.:17:50.

here before. The 19 points collected so far is mirrored by the first half

:17:51.:17:56.

of last season. John Ward's appointment then saw them collect 41

:17:57.:17:59.

points in the second half of the campaign. And two years ago, a

:18:00.:18:13.

bigger points. Players do pull it out the bag when

:18:14.:18:17.

they are up against it, but come the end of the season, they finish the

:18:18.:18:27.

last season strongly, and some other players may be too

:18:28.:18:27.

last season strongly, and some other players relaxed. The transfer window

:18:28.:18:30.

will open in January, giving John Ward the chance to make changes

:18:31.:18:34.

A cup win this week would certainly strengthen his hand financially

:18:35.:18:41.

There were seven medals for Bath`based swimmers at the European

:18:42.:18:43.

Short`Course Championships which finished yesterday. Michael Jamieson

:18:44.:18:46.

knocked more than a second off his British record, claiming silver in

:18:47.:18:51.

the 200 metres breaststroke. 18`year`old Siobhan`Marie O'Connor

:18:52.:18:53.

from Bitton won bronze in the 1 0m individual medley, to add to the

:18:54.:18:57.

silver she won earlier in the championships.

:18:58.:19:11.

A group of volunteers is planning to restart a centuries old industry

:19:12.:19:14.

along the Somerset coastline ` oyster farming. The group in the

:19:15.:19:17.

village of Porlock, near Minehead have already received grants of

:19:18.:19:20.

?17,000 for a pilot project. Our Somerset Correspondent Clinton

:19:21.:19:24.

Rogers has the story. In this area is where the old fish

:19:25.:19:33.

traps and tidal ponds used to be. Out there, somewhere beneath the

:19:34.:19:36.

sea, there are apparently still the remnants of the oyster farms of

:19:37.:19:38.

Porlock Weir. And in the day they were a delicacy

:19:39.:19:42.

renowned across the country ` the best tasting oysters anywhere. Or so

:19:43.:19:50.

they claimed. But the oyster industry in Porlock disappeared

:19:51.:19:56.

about 80 years ago. Into three years' time, we will an

:19:57.:19:58.

industry here. Now a voluntary organisation called

:19:59.:20:01.

Porlock Futures, dedicated to encouraging economic growth in the

:20:02.:20:04.

area wants to restart the industry, to create new jobs in an area where

:20:05.:20:08.

such things are almost as rare as oysters.

:20:09.:20:16.

We're one of the oldest committees and country, and it is very

:20:17.:20:23.

difficult with young people with families to find deployment and

:20:24.:20:25.

bring their families up here. Is this the answer?

:20:26.:20:29.

We think it is. Exmoor National Park, the parish

:20:30.:20:31.

council and the Shellfish Association of Great Britain have

:20:32.:20:34.

collectively come up with ?17,0 0 to fund a pilot project here.

:20:35.:20:38.

Initially, young oysters will be brought in from other fisheries

:20:39.:20:41.

like here in Falmouth, and then cultivated in Porlock ` it will be

:20:42.:20:45.

an important test to see in the waters of Porlock Weir can still

:20:46.:20:57.

sustain oysters. Eventually, as everything works out

:20:58.:21:01.

fine, we'll have hundreds of trestles with thousands and

:21:02.:21:05.

thousands of oysters. It will be quite good in the local pubs.

:21:06.:21:11.

The trial will last one year, and if it is successful this being will

:21:12.:21:15.

once again see commercial oyster production. What makes this project

:21:16.:21:20.

unique is that if and when it makes money, that money will be reinvested

:21:21.:21:28.

into another community Project. Always with the aim of growing new

:21:29.:21:37.

jobs. It's a delicacy, but nothing

:21:38.:21:40.

delicate about the way you eat them stop back I like that.

:21:41.:21:45.

Now, it's just nine sleeps until Christmas, and as you drive around

:21:46.:21:48.

the West Country, you can't fail to be impressed by the array of

:21:49.:21:52.

Christmas lights that are up. And in one village near Malmesbury, there's

:21:53.:21:55.

a pretty incredible display that's attracting up to a hundred people

:21:56.:21:59.

every night. It's in the village of Charlton where Liz Beacon is

:22:00.:22:07.

tonight. Just a few. This display is really

:22:08.:22:15.

amazing. When you approach this village just outside Malmesbury you

:22:16.:22:19.

cannot fail to find the lights. There are over 100,000 lights on

:22:20.:22:24.

display, covering the house. There are glowing stars, Father

:22:25.:22:28.

Christmases, snowmen and even a blow`up Rudolph the red`nosed

:22:29.:22:36.

reindeer. People have been coming here, giving money to charity as

:22:37.:22:41.

they come, and it has been delighting crowds as they come.

:22:42.:22:47.

I find it quite emotional. I got into the grotto with the reindeers,

:22:48.:22:50.

and I was filling up, it's a beautiful, so Christmassy.

:22:51.:22:59.

I hope they raise lots of money They are not just lights on display,

:23:00.:23:05.

there are grottoes dotted around. Father Christmas has his own grotto,

:23:06.:23:10.

and this is an Arctic grotto, filled with reindeer, a model of Father

:23:11.:23:15.

Christmas, and even a penguin having a slide down an iceberg. This has

:23:16.:23:20.

all been the rain child of Michaela who lives here with her family. This

:23:21.:23:25.

really has grown over the past couple of years, hasn't it?

:23:26.:23:30.

Yes, it's most troubled and size since we started in 2010.

:23:31.:23:36.

There is a serious reason to this, isn't there?

:23:37.:23:40.

Yes, I lost my dad in 2009 to epilepsy. He loved Christmas and so

:23:41.:23:46.

did I. It seemed fitting that I could do something to help raise

:23:47.:23:51.

money for epilepsy research UK to take on something that my dad always

:23:52.:23:55.

loved. You must be thrilled with the

:23:56.:23:58.

time`out. It has been phenomenal, I can't

:23:59.:24:01.

believe it. Simile people have come to support us, it's been amazing.

:24:02.:24:06.

Vigil are said to me this morning that she had raised over ?7,500

:24:07.:24:13.

That total has already today exceeded ?8,500. You can tell how

:24:14.:24:18.

popular it is with the people in and around this lovely village of

:24:19.:24:21.

Charlton. I'm not surprised, it's

:24:22.:24:26.

spectacular. It puts my Christmas tree to shame. The start of the day

:24:27.:24:34.

wasn't particularly Christmassy I was awoken by the sound of the

:24:35.:24:36.

rain. It was pretty miserable. Will the

:24:37.:24:46.

better be any better tomorrow? It may not seem like it now, but

:24:47.:24:50.

later on tonight there is every chance and we will see a touch of

:24:51.:24:57.

frost. Fog and frost in places. Lighter

:24:58.:25:01.

winds, and the chance of some sunshine. Where the mist and fog

:25:02.:25:07.

sticks it could be a marquee day. Most likely, I think across the

:25:08.:25:13.

Forest of Dean, towards Birmingham, the fog could be quite thick first

:25:14.:25:19.

thing tomorrow morning, and slow to clear. This stripe of ? is creeping

:25:20.:25:29.

its way eastwards tonight, and while we keep a lot of medium and high

:25:30.:25:33.

level cloud, that will not stop the temperatures falling, and it will

:25:34.:25:37.

give us some outbreaks of rain until the early hours of the morning when

:25:38.:25:42.

it finally clears out of the way. That rain band is what we are

:25:43.:25:46.

watching, behind it, more broken cloud which means a better day

:25:47.:25:50.

tomorrow. For a couple of hours tonight it could be quite wet. The

:25:51.:25:54.

rain will ease away, and then we get clearance as well as mist and fog

:25:55.:25:58.

clearing by tomorrow morning. Don temperatures around two or three

:25:59.:26:03.

degrees above freezing, so cold enough ruefully for some frost, but

:26:04.:26:08.

we also have a reasonable day tomorrow. Sunny spells for the rest

:26:09.:26:14.

of the day, he called David and recently, with temperatures probably

:26:15.:26:19.

no higher than six or seven degrees for most of us, even lower where it

:26:20.:26:25.

starts off misty and 40. The outlook for Thursday and Friday, a little

:26:26.:26:28.

brighter and certainly drier, but Wednesday summer we could see heavy

:26:29.:26:35.

rain. Milder on Wednesday, cold conditions on Thursday, even with

:26:36.:26:39.

the risk of someone three showers, and cloudy again by Friday.

:26:40.:26:49.

Thanks to David. Time now for our Advent Calendar.

:26:50.:26:52.

And because it's Monday, we've got three windows to open. The first has

:26:53.:26:56.

been sent in by Mark Horne, who s sent us a picture of his rescue dog,

:26:57.:27:00.

Rex. He's looking a bit hangdog Mark. Are you sure he doesn't need

:27:01.:27:03.

rescuing from you? Behind door 5, do you recognise this church? You

:27:04.:27:09.

might do, if you know west Somerset. This is St Ethelreda's in West

:27:10.:27:14.

Quantoxhead. Thank you to David Cronon for sending that in. I

:27:15.:27:20.

recognise that because I got married their.

:27:21.:27:24.

And last of all for today, from West Quantoxhead to Narnia. No,

:27:25.:27:28.

apparently not. I'm not sure where the picture was taken, but it was

:27:29.:27:32.

sent in by Richard Davies from Frome.

:27:33.:27:38.

That said from us for now. Thank you for all your pictures.

:27:39.:27:41.

We're back at 10:25pm.

:27:42.:27:47.

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