To review the existing Designated Public Place Order in light of new tools and powers following the introduction of the Anti-Social Behaviour, Police and Crime Act 2014 (joint report of the Portfolio Holder Strategy, Governance and Transformation and the Executive Manager People and Public Protection enclosed)
Consideration was given to the joint report of the Portfolio Holder, Strategy, Governance and Transformation and the Executive Manager, People and Public Protection, which sought a review of the existing Designated Public Place Order (DPPO) in light of new tools and powers following the introduction of the Anti-Social Behaviour, Police and Crime Act 2014.
Councillors were advised that the Policy Development Panel had considered the report recently, had supported the recommended option 4, and had also suggested a new Public Spaces Protection Order (PSPO) be considered, to include the wider riverbank area and to include a number of additional behaviours suggested during the consultation period.
Members commented that public expectation in relation to the issue of PSPOs to address anti-social behaviour was important. In addition, it was vital that residents reported issues where there were any as currently, perception was not always supported by the evidence of reported incidents.
The potential introduction of further PSPOs in the District was also discussed, as was the time it took to put these in place. It was explained that legislation dictated that this process be undertaken in a particular way, to include consultation, and that there was evidence of anti-social behaviour. It was requested that officers produce a timeline detailing how PSPOs could be extended in relevant areas and the quickest way in which these could be undertaken, and that the Portfolio Holder for Strategy, Governance and Transformation review this information.
a) That Option 4 be approved, to proceed with the immediate transfer of the existing DPPO to a PSPO with conditions to address alcohol consumption;
b) That further consultation be undertaken to assess if any additional behaviours would need to be included within the new PSPO mentioned at (a) above;
c) That a new PSPO be considered, to include the wider riverbank area and to include a number of additional behaviours suggested during the consultation period;
d) That enforcement options and mechanisms are reviewed to ensure that public expectations are met; and
e) That officers produce a timeline detailing how PSPOs could be extended in relevant areas, and the quickest way in which these could be undertaken, and that the Portfolio Holder for Strategy, Governance and Transformation review this information.
(Other options considered:
· Do nothing.
· Proceed with the immediate transfer of the existing DPPO to a PSPO only.
· Leave the existing town centre DPPO to remain in place until 20 October 2017 until it automatically becomes a PSPO (to address alcohol in public) and conduct a thorough review of community concerns of street drinking or alcohol related concerns along the riverbank, raised through the consultation already undertaken, with a separate and new PSPO.
Reasons for recommendations:
· To address the main concern of the consumption of alcohol.
· In order to justify use of an order, the following conditions are required to be met and in the view of the Cabinet, these conditions are likely to be met:
o Activities carried out in a public place in the local authority’s area have a detrimental effect on the quality of life of those in the locality; or
o It is likely that the activities will be carried out in a public place within the area that will have such an effect support continued action in the Spalding Town Centre area and a transition from a DPPO to a PSPO.
o Is, or is likely to be, of a persistent or continuing nature;
o Is, or is likely to be, such as to make the activities unreasonable; and
o Justifies the restrictions imposed.)