Agenda item
Review of Public Space Protection Orders
Report to follow.
Minutes:
The Committee considered a report on three Public Space Protection Orders (PSPOs) which were due to expire in 2024. The report explained the review undertaken ahead of the expiry of the PSPOs in order to inform Members in deciding on each of their futures. It also covered the complaint and service request data held by the Council and key partners relating to the PSPOs, and a summary of the public consultation exercise undertaken on each of the PSPOs.
The Community Services Team Manager presented the report and summarised the main points. He explained that, prior to its expiry, a PSPO may (subject to review and approval) be extended for a further period of not more than 3 years, if the order making authority is satisfied, on reasonable grounds, that doing so is necessary to prevent occurrence or recurrence of the activities identified in the PSPO.
The evaluation and Officer conclusions in respect of each PSPO were as follows:
City Centre PSPO (Intentionally Feeding Gulls, Aggressive Begging, Dangerous Cycling and Skateboarding)
It was not proposed to extend the City Centre PSPO as for each of the 3 elements not all of the criteria required to extend are met, and in addition there are alternative legal powers in place to deal with the same issues.
Alcohol PSPO
There is evidence of a detrimental impact on people’s lives. There is no evidence to suggest the prohibition is still required at Blackpole Industrial Estate, Shap Drive, Brickfields Playing Fields and Rose Avenue as conditions of the PSPO legislation require evidence of detriment and persistence, which are not met in those areas. The recommendation was to remove these locations from the Order. There is evidence of alcohol related anti-social behaviour on Pitchcroft and the Riverside Park, and it is recommended that these areas are included.
Dog Control PSPO
Dog fouling, intimidation, and their control in public spaces still has a detrimental effect. The restrictions in the Order are deemed reasonable and will prevent the activity from occurring. As such it was recommended that the PSPO is extended for another 3 years. It was proposed that the fine be increased to not exceeding level 3 on the standard scale or a fixed penalty notice of up to £100 (reduced to £60 if paid within 14 days).
Officers responded to questions and comments from Committee Members.
In the ensuing discussion, the Corporate Director explained that he outcome of the public consultation is one consideration in the review process but other matters have to be taken into account, including whether there evidence that the matter is an issue and whether other powers available to deal with it. He summarised the key points taken into consideration in reaching the Officer recommendations.
Committee Members noted the points made by the members of the public who spoke on the City centre PSPOS. Having taken into consideration the amount of work undertaken in conducting the review and evidence presented in the report, the majority of Committee Members were in support of the Officer recommendations.
RESOLVED: That the Committee agree the following:
1. to note the contents of the report and in particular the review undertaken into the 3 PSPOs due to expire during 2024;
2. to grant an Extension & Variation Order in respect of the Alcohol PSPO covering the period 13th September 2024 – 12th September 2027, subject to the geographical changes set out within the report, and included at Appendix 5 to the report;
3. to the discontinuation of all elements of the City Centre PSPO due to expire on 28th March 2024, noting the alternative legislation that exists should enforcement action be necessary; and
4. to grant an Extension & Variation Order in respect of the Dog Control PSPO with no changes, covering the period 6th July 2024 – 5th July 2027, included at Appendix 5 to the report.
Councillor Amos asked to be recorded as voting against the decision to discontinue the City Centre PSPO (Resolution 3).
Supporting documents: