Agenda item

On 13th March 2019, Cabinet agreed to bring into force all seven measures that were subject to public consultation for the new proposed Public Spaces Protection Order (PSPO) for implementation in June 2019. Report C/19/04 provides information on how the PSPO will be implemented through a series of working protocols, attached, and a copy of the final order with boundary maps that require sealing is also attached.

On 13th March 2019, Cabinet agreed to bring into force all seven measures that were subject to public consultation for the new proposed Public Spaces Protection Order (PSPO) for implementation in June 2019. This report provided information on how the PSPO will be implemented through a series of working protocols, attached, and a copy of the final order with boundary maps that require sealing is also attached.

Jess Harman, Community Projects Manager, presented this report and pointed out that the working protocols within Measures 1 – 7 have been amended, she asked members to note the following:

Together with our CSP partners, we under understand how anti-social behaviour can blight the lives of people in their local communities. Together with Kent Police we want to have a partnership approach to the education, prevention and enforcement of the PSPO, therefore, we have agreed to make a minor amend to each of the seven measures working protocols to reflect this. The changes are:

Measures 1 – 4:

Authorised Officers: Text will be changed to “Authorised officers (including KentPolice and FHDC’s Community Safety team) will assess any intervention on a case by case basis (paragraph to continue as per report).

Measures 5 – 7:

Authorised Officers: Text will be changed to “Authorised officers (including Kent Police and FHDC’s Environmental Protection and Enforcement team) will assess any intervention on a case by case basis (paragraph to continue as per report).

Members raised a point with regard to 3^rd party land where incursions occur.  Boundary maps shown will be covered by the PSPO, however any other land will also be covered as long as permission from the landowner is sought. 

Members concerns concentrated on the following: 

• The implementation of the PSPO could criminalise vulnerable people, however it was made clear that education and prevention is paramount and enforcement is a final resort. 
• Concerns that FPNs cannot be appealed.  Nationally, there is no formal appeals process for FPNs. If the FPN is unpaid, it can be challenged through the court process.
• Review period seems too long at two years and there should be a review after the ‘test and learn phase’.
• Clarified that the definition of Kent Police covers all aspects of policing and community officers within the force. 
• Data collection to be fed regularly to the Committee, this is provided on quarterly basis through KPI. 

Ms Harman and Mrs Robson advised the committee that prevention to any crime is key and enforcement is used as a last resort.  There are increased services to deal with street homelessness and the constant need to support, not target, rough sleepers.  Folkestone & Hythe District Council has successfully led three funded bids to the MHCLG to help support local communities. 

Proposed by Councillor Peter Gane

Seconded by Councillor Ms Susan Carey

RESOLVED:

To include in the final resolution recommendation to Cabinet that a review report will be taken to the Overview & Scrutiny Committee after one year of the new PSPO being operational. 

(Voting: For 10; Against 0; Abstentions 0)

Proposed by Councillor Tim Prater

Seconded by Councillor Lesley Whybrow

RESOLVED:

To include in the final resolution recommendation to Cabinet that the following wording is included in Measure 7 of the PSPO report:

‘This measure is not designed to target genuinely homeless, vulnerable people’. 

(Voting: For 9; Against 0; Abstentions 1)

Proposed by Councillor Laura Davison

Seconded by Lesley Whybrow

To recommend to Cabinet that Measures 4 and 7 are removed from the PSPO.

(Voting: For 3; Against 5; Abstentions 2)

THIS MOTION FELL.

Proposed by Councillor Peter Gane

Seconded by Councillor Ms Susan Carey

RESOLVED:

1.    To note report C/19/04.

2.    Recommend to Cabinet that a review report will be taken to the Overview & Scrutiny Committee after one year of the new PSPO being operational. 

3.    Recommend to Cabinet that the following wording is included in Measure 7 of the PSPO report: ‘This measure is not designed to target genuinely homeless vulnerable people’.

 (Voting: For 10; Against 0; Abstentions 0)