Agenda item

To receive a report which presents the outcome of a 6-week public consultation exercise undertaken on the proposed extension of Public Spaces Protection Orders; and to seek approval for the making of the Orders made on the 20 October 2017 for a period of 3 years.

Cabinet received a report on the outcome of the consultation undertaken over a 6-week period from 14 July to 24 August 2020.on proposals to extend the current Public Spaces Protection Orders (PSPOs) in the Borough for a further 3 years.

Details of the methods of consultation were set out in the report. The Authority had received 180 responses to the online questionnaire and a further 4responses by other means. Overall, respondents provided huge support to the proposal to extend the PSPOs. 

In relation to dog controls:

• 95% supported the continuation of the borough wide PSPO controlling dog fouling and failing to pick up
• 92% supported the continuation of the PSPO excluding dogs from designated play sites
• 74% supported the continuation of the PSPO excluding dogs from designated beaches during the period 1 May to 30 September
• 85% supported the continuation of the PSPO requiring dogs to be on a lead in designated public spaces
• 90% supported the continuation of the PSPO requiring a dog to be put on a lead when directed to do so.

In relation to alcohol controls 87% supported the continuation of the borough wide PSPO controlling the nuisance of on-street drinking.

In addition to the questions asked, respondents had also been invited to provide comments on each of the PSPOs which had led to 251 individual comments being made.  These had been analysed to identify key emerging themes. 

Themes that had emerged in relation to dog controls were the availability and use of bins; levels of enforcement; better signage; and making changes to the scope of the control excluding dogs from beaches (there was a mix of opposing views with some seeking a relaxation and others seeking an extension). 

Themes that had emerged in relation to alcohol controls were reflections on alcohol-related disorder during the Covid-19 pandemic; levels of enforcement; and extending the scope to cover other environmental problems such as littering.

Two respondents had used the opportunity during the consultation to request that new PSPOs be considered to tackle specific nuisance in their local area.

A more detailed summary of the conclusions was included in Appendix 3 to the report.

North Tyneside was one of the safest places in England to live, work and visit.  However, tackling environmental crime was a key priority of the Elected Mayor.  Additional officer capacity had been introduced which included new community protection wardens and an environmental rapid response team.  Also, a new CCTV vehicle had been introduced along with more CCTV cameras which were capable of being redeployed to tackle identified hotspots for anti-social behaviour and environmental crime. 

Having legal powers available to deter environmental crime and to take action when it was appropriate to do so was key to ensuring that the borough remained a great place to live, work and visit.  PSPOs provided the Authority with an important enforcement tool.  

In the 2018 Residents Survey 48% of residents had highlighted a clean environment as being one of the most important factors to them in making the borough a good place to live and fewer than 55% reported feeling safe after dark.  The importance to residents of being able to address crime and tackle anti-social behaviour had increased at a national level as well as locally in North Tyneside.

The Authority had a published Statement of Enforcement Policy which was based on taking a proportionate approach towards achieving compliance with the law.  Considerable community engagement was undertaken by the Authority’s community protection and environment teams.  In some circumstances formal enforcement was however required, and available data included:

• 49 Fixed Penalty Notices had been issued between October 2017 and March 2020
• Six out of ten Fixed Penalty Notices issued had been in relation to dog fouling offences and three out ten for dog control offences
• Following the PSPOs being made in October 2017, the number of reported dog fouling incidents had decreased year on year, whereas prior to this, the number of reported incidents had been showing a steady increase since 2013/14 
• During 2019/20, 449 dog fouling incidents had been reported to the Authority, 424 in 2018/19, compared to 585 incidents during 2017/18 and 537 in 2016/17.

Given the outcome of the public consultation and both the context and evidence provided above it was recommended that Cabinet could be satisfied on reasonable grounds that extending the current PSPOs was necessary to prevent the occurrence or recurrence of the activities identified in the PSPOs after the expiry of the PSPOs; or an increase in the frequency or seriousness of those activities after the expiry of the PSPOs.

Should Cabinet decide to extend the PSPOs for a 3-year period the Orders attached at Appendix 4 to the report would be made implementing that decision. In addition, it was proposed that the key themes that had emerged from the public consultation responses be considered further by officers with oversight provided by the relevant Cabinet Members. Any action that was considered appropriate would be taken in consultation with Cabinet.

Cabinet considered the following decision options: To agree to the recommendations set out in Section 1.2 of the report; or alternatively not to agree to the recommendation set out in Section 1.2 of the report and instruct that an alternative approach be taken.

Resolved that (1)the consultation exercise undertaken on the proposed extension of Public Spaces Protection Orders (PSPOs) for a further period of 3 years and the consultation responses as outlined in the report be noted;

(2) approval be given to the making of the Orders at Appendix 4 of the report that will extend the Public Spaces Protection Orders made on 20 October 2017 for a period of 3 years;

(3) the Head of Law and Governance, in consultation with the Head of Environment, Housing and Leisure, the Cabinet Member for Environment and Transport and the Cabinet Member for Community Safety and Engagement be authorised to:

(a) correct any minor drafting errors that may be identified in the Orders referred to in (2) above, and make minor amendments including deletions and insertions that may be necessary to ensure that the Orders extending the Public Spaces Protection Orders reflect the intentions of Cabinet as set out in the report; and

(b) make the Orders at Appendix 4 of the report subject to the correction of any minor amendments in accordance with (a) above and to undertake all ancillary matters associated with this resolutiontion including the signing of the Orders on behalf of the Authority; and

(4) the Head of Environment, Housing and Leisure, the Cabinet Member for Environment and Transport and the Cabinet Member for Community Safety and Engagement be authorised to consider the key emerging themes arising from the public consultation and undertake any action that is considered appropriate.

(Reason for decision: the PSPOs in place within the borough will expire at midnight on 19 October 2020.  If the PSPOs are not extended before their expiry they will cease to have effect resulting in the Authority having no controls in place to tackle anti-social behaviour relating to dogs and the irresponsible consumption of alcohol in public spaces and the detrimental effect that such behaviour can have on the quality of life of those in the community. Given the outcome of the public consultation exercise coupled with the other available evidence Cabinet can be reasonably satisfied that extending the PSPOs currently in place is necessary to prevent the occurrence or recurrence of the activities identified in the PSPOs after the expiry of the PSPOs , or an increase in the frequency or seriousness of those activities after the expiry of the PSPOs).