Agenda item

To consider the report of the Cabinet Member for Communities and Neighbourhoods on the feedback received from the Public Spaces Protection Order (PSPO) public consultation and on a revised PSPO.

76.1    Councillor Watkins, Cabinet Member for Communities and Neighbourhoods, provided an overview of the report and thanked the Community Wellbeing Officer for her endeavour in putting the proposal together. She stated that there had been a great deal of engagement with the consultation with regard to the proposed Public Spaces Protection Order (PSPO) through a number of media..

76.2    Councillor Watkins informed the Committee that, as part of the consultation process, the enforcement of existing provisions and its efficacy was examined. She further advised, in response to the question from a member of the public, that, in some matters raised during the consultation process such as littering and spitting, the Cabinet would be looking separately at more appropriate ways to tackle these types of environmental crime. She also stated that the digital survey was but one aspect of the consultation process. Councillor Watkins also noted that the inclusion of the alcohol free zone across the city had been met with a very positive response.

76.3    Councillor Wilson queried whether existing orders (which would be subsumed by the PSPO) would automatically expire unless they were under review and, if they were reviewed, who was this to be conducted by. Councillor Watkins advised that action would need to be taken prior to and that this was done on a case by case basis. The Community Wellbeing Officer stated that reviews would be scheduled over a period of a year.

76.4    Councillor Stephens welcomed much of the report but shared his view that the public’s expectations had been raised and would be disappointed. He stated his belief that the public expected littering, Anti-Social Behaviour (ASB) and the abuse of psychoactive substances to be included in the PSPO. He also queried what existing legislation had been enforced to tackle these issues.

76.5    Councillor Watkins advised that littering, among other matters, would be addressed by separate proposals and that, while there may have been anecdotal accounts, there was insufficient evidence to show that the use of psychoactive substances was having a significantly detrimental effect in the City. She stated that a PSPO was appropriate for some matters but not for all.

76.6    In response to a query from the Vice-Chair regarding how responsive to the public the consultation had been, Councillor Watkins stated that one of the biggest issues raised during the consultation was alcohol harm which the Cabinet had responded to. She further stated that the consultation was about everyone having an input and that faith groups, by way of example, had had a good deal of input. In response to a query from Councillor Lewis regarding enforcement of the PSPO, Councillor Watkins advised that both the alcohol free zone and measures related to dogs would be enforced across the City and reiterated that environmental crime proposals were forthcoming. She stated that if Members were keen, enforcement could be examined.

76.7    Councillor Haigh queried whether the Equality Impact Assessment’s focus had been limited to the impact of restrictions placed on people without considering the beneficial equality impact on the community by virtue of the controls being proposed She also stated that she was disappointed because she felt that people in the City had believed they could expect more from the PSPO proposals.

77.8    With regard to the use of psychoactive substances in the City, Councillor Lewis suggested that their prohibition be included in the PSPO as a message that their use was not acceptable. The Community Wellbeing Officer advised that such substances were previously legal but were not now and that there was not sufficient evidence that they had a detrimental impact on the City. Further, the Community Wellbeing Officer, in response to a query from the Vice-Chair regarding what could be classified as sufficient evidence, stated that whilst there may have been anecdotal evidence, there was no objective data.

77.9    Councillor Morgan suggested that the Cabinet Members for Communities and Neighbourhoods, and Environment should work jointly on environmental crime. Councillor Watkins stated that both approaches were joined up and that the reason the work was forthcoming was because of their inter-connectedness. .

77.11  Councillor Taylor queried whether the reason that some matters were not included in the draft PSPO was due to a lack of evidence. Councillor Watkins advised that there were also issue around the practicalities of enforcement and that the Council was attempting to address what the issues were and how best to do this. She further advised that the PSPO would always be reviewed. In response, Councillor Taylor suggested that the Committee examine the PSPO again in a year and identify any issues that arise. This was agreed by the Committee.

77.12  The Vice-Chair asked what provision there was for collecting data. Councillor Watkins advised that there was the day to day work of monitoring behaviours. She further advised that establishing a ‘Day Safe’ forum was being examined with a similar remit to that of Night Safe. Councillor Gravells stated that that the police should be thanked for their work and for their contribution during the consultation process.

77.13  Councillor Stephens proposed that the Committee recommend that Cabinet include provisions to deal with littering, nuisance and ASB and aggressive charity collection. This recommendation was put to a vote and was lost. And it was

77.15  RESOLVED: - That the Overview and Scrutiny Committee RECOMMEND (1) That the Cabinet reconsider providing for Aggressive Charity Collection, Littering and Nuisance and anti-social behaviour within the PSPO and (2) That the efficacy of the PSPO be reviewed in one year’s time including as much data as possible from partner organisations and, based on evidence gathered as part of the review, that scope be permitted to add/or remove provisions contained within the PSPO.