Agenda item - New Public Spaces Protection Order - Results of Consultation

Agenda item

New Public Spaces Protection Order - Results of Consultation

On 14th November 2018, Cabinet agreed to consult the public on a proposal to introduce a new Public Spaces Protection Order (PSPO) as the current one is due to expire on 19th June 2019. The creation of bespoke PSPOs provides officers and partners (Kent Police) an additional tool on top of existing powers and legislation to help tackle specific issues of antisocial behaviour affecting parts of the District. PSPOs were brought in as part of a Government commitment to put victims at the centre of approaches to tackling anti-social behaviour (ASB), focusing on the impact behaviour can have on both communities and individuals, particularly on the most vulnerable.

 

Report C/18/78 summarises the results of the public consultation which shows that there is public support for all 7 measures. The report also provides an insight into the views of the public as well as the government’s recommended position when implementing PSPOs. Members are asked to approve the new PSPO measures outlined in section 2.2.

 

Minutes:

On 14th November 2018, Cabinet agreed to consult the public on a proposal to introduce a new Public Spaces Protection Order (PSPO) as the current one is due to expire on 19th June 2019. The creation of bespoke PSPOs provides officers and partners (Kent Police) an additional tool on top of existing powers and legislation to help tackle specific issues of antisocial behaviour affecting parts of the District. PSPOs were brought in as part of a Government commitment to put victims at the centre of approaches to tackling anti-social behaviour (ASB), focusing on the impact behaviour can have on both communities and individuals, particularly on the most vulnerable.

 

The report summarised the results of the public consultation which shows that there is public support for all 7 measures. The report also provided an insight into the views of the public as well as the government’s recommended position when implementing PSPOs. Members were asked to approve the new PSPO measures outlined in section 2.2.

 

The report was also considered at the meeting of the Overview and Scrutiny Committee held on 12 March 2019. Their comments had been circulated to the Cabinet Members at the meeting.

 

The Cabinet Member advised that there was a typographical error in recommendation B of the report, and the recommendation should read as follows:

 

“To agree the 7 measures set out in section 3 to form the basis of a new PSPO for relevant parts of the District”.

 

Proposed by Councillor Mrs Hollingsbee,

Seconded by Councillor Godfrey; and

 

RESOLVED:

 

a)        That report C/18/78 be received and noted.

b)       That the 7 measures set out in section 3 be agreed to form the basis of a new PSPO for relevant parts of the District.

c)        That the requirements for providing suitable protocols to support the implementation of the PSPO be agreed, and that Cabinet receive these together with a final revised Order for agreement in May 2019.

d)       That the performance measures around successful interventions as set out in section 4.8 of the report be noted.

e)        That where appropriate issues may be dealt with using education and/or prevention techniques, sign posting to services or using alternative, more effective legislation.

 

(Voting figures: 10 for, 0 against, 0 abstentions).

 

REASONS FOR DECISION:

Cabinet was asked to agree the recommendations set out below because:

a)           Support for introducing all 7 measures in a new PSPO can be demonstrated by the results of the public consultation process undertaken (section 2 of the report).

b)           The Local Government Association (LGA) guidance stated that where appropriate, education, prevention work, sign posting to support should be carried out first before any enforcement action and if action can be adequately and effectively dealt with using existing and alternative more effective legislation and tools and powers then this should be used. Public consultation has also advocated the use of alternative methods of control where appropriate, for example, management agreements for how a town centre precinct area is used to control street entertainment or a code of fundraising practices protocol, etc.

c)            Where the PSPO is used, it will be carefully framed and employed alongside other approaches as part of a broad and balanced ASB process. As part of the PSPO process, non-statutory solutions, delivered in partnership with community, charity or membership organisations can be equally valid in the right circumstances.

d)           The Council’s Enforcement Policy promotes using education and other preventative interventions in the first instance, before enforcement sanctions are applied which should be an action of last resort.

Supporting documents: