Agenda item

To seek approval on proposals to extend the existing Public Spaces Protection Orders for a further period of 3 years following the outcome of a public consultation exercise.

Cabinet received a report in relation to tackling environmental crime.   Having legal powers available to effectively manage and enforce environmental crime was essential to the quality of life of the community and Public Spaces Protection Orders (PSPOs) provided the Authority with an important enforcement tool.

In October 2020, Cabinet approved the extension of existing PSPOs within the Borough, covering the control of dogs and the consumption of alcohol in public spaces.  Cabinet was informed that PSPOs could not last for more than 3 years and the current PSPOs in place would expire in October 2023 if not extended. 

Cabinet approved a 4-week public consultation exercise on proposals to extend the existing PSPOs for a further 3 years at its meeting 22 May 2023, where it agreed to receive a further report following the conclusion of the consultation exercise to determine if it was ‘reasonably satisfied’; in accordance with the enabling legislation, to extend the PSPOs.

The report detailed the outcome of the consultation exercise and requested Cabinet to determine whether the PSPOs should be extended for a further 3 years.

Resolved that Cabinet

       i.          noted the consultation exercise undertaken on the proposed extension of Public Spaces Protection Orders for a further period of 3 years and the consultation responses as outlined in the report;

      ii.          approved the making of the Orders at Appendix 5 of the report that would extend the original Public Spaces Protection Orders for a further period of 3 years;

    iii.          authorised the Head of Law in consultation with the Director of Environment and the Cabinet Member for Environment to correct any minor drafting errors that may be identified in the Orders referred to in ii above, and make minor amendments including deletions and insertions that may be necessary to ensure that the Orders extending the Public Spaces Protection Orders, reflected the intentions of Cabinet as set out in the report;

    iv.          authorised the Head of Law in consultation with the Director of Environment and the Cabinet Member for Environment to make the Orders at Appendix 4 of the report, subject to the correction of any minor amendments in accordance with recommendation iii above and to undertake all ancillary matters associated with the recommendation, including the signing of the Orders on behalf of the Authority; and

     v.          authorised the Director of Environment and the Cabinet Member for Environment to consider the key emerging themes arising from the public consultation and undertake any action considered appropriate.

(Reason for decision: the PSPOs in place within the Borough would expire at midnight on 19 October 2023.  If the PSPOs were not extended before the expiry they would 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 could be reasonably satisfied that extending the PSPOs currently in place 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).