Issue - meetings

Report of the Strategic Director of Regeneration and Environment

Cabinet Member:     Councillor Hoddinott (in advisory role)

Commissioner:         Ney

Recommendations:

1. That approval be given to the Public Spaces Protection Order, for a period of three years, following consideration of the public consultation and relevant legal requirements.

2. That a 12 month review, post implementation of the order be undertaken to assess impact and make variations, adjustments or new orders as necessary.

Consideration was given to the report which set out in detail the Powers introduced by the Anti-Social Behaviour, Crime and Policing Act 2014 which created the provision for local authorities to implement Public Space Protection Orders (PSPO). These orders were designed to address anti-social behaviour in local areas and were, therefore, adaptable to meet local need. This meant that prohibitions or requirements could be made at a local level in response to complaints from a range of sources including the public, business and Councillors.

Following analysis and initial consultation with stakeholders, the Council had undertaken a statutory consultation on a proposed Public Space Protection Order.  In excess of 500 views were gathered, across a variety of forums and methods, and a significant majority (93.7%) of respondents supported the introduction of a Public Space Protection Order. Further consultation had also taken place with partners and greater consideration been given as to the impact of the proposed conditions which had led to the removal of some and the evolution of others.

This report, therefore, sought the approval to implement a Public Space Protection Order, in Rotherham Town Centre, in order to prohibit the following activity:-

A.        Behaving in such a way or using language that causes, or is likely to cause, harassment, alarm or distress to another person.

B.        Making unsolicited approaches, in the open air, for the purposes of face-to-face fundraising and marketing of commercial products, carried out by organisations without prior written permission from the Council.

C.        Failing to keep a dog on a leash and under control (otherwise than within the designated area within Clifton Park, where dogs may be off leads but must remain under control, see attached maps)

D.        Littering

E.        Urinating or defecating in a public place, other than within designated public toilets.

F.        Spitting saliva or any other product from the mouth

G.        Consuming alcohol other than on licensed premises or at a licensed event

The Council’s Monitoring Officer also clarified points raised specifically around civil liberties and the loose definition of anti-social behaviour, but it was believed the above behavioural boundaries were considered necessary to support the Council and its partners in developing and supporting the town centre experience.

Following the period of consultation it was proposed that changes to the draft Order around the use or carrying controlled drugs otherwise than in accordance with a valid prescription not be included at this time along with the use of a vehicle to cause a nuisance by gathering in groups, playing loud music or otherwise impacting the quality of life in the locality and that further work be undertaken          

Due to the case made by respondents to the public consultation, officers have recommended that dogs be allowed off leash within a designated zone in Clifton Park and be otherwise under control on leash in public areas such as the water play areas and playground.

The Cabinet Member supported the proposals for the introduction of a Public Spaces Protection Order.

The Chairman of the  ...  view the full minutes text for item 37

Consideration was given to the report which sought approval for a Public Spaces Protection Order (PSPO) for a period of three years following consideration of the public consultation and relevant legal requirements.

Concerns had been raised by town centre businesses, the public and Ward members regarding anti-social behaviour (ASB) in Rotherham Town Centre and Clifton Park. Formal data from South Yorkshire Police has been collated to give an accurate reflection of reported incidents (824 in 2016); attached as Appendix 1. The majority of incidents (93%) take place during the day time which is likely to have a greater impact on local businesses and a larger number of people who visit or work in the town. A significant number of these reports relate to rowdy or considerate behaviour; with begging/vagrancy, vehicle nuisance and street drinking also highlighted as concerns.

Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act) enables local authorities to address anti-social behaviours in public places by use of a PSPO. These orders are designed to tackle the behaviour of individuals or groups where their behaviours has, or is likely to have, a detrimental effect on the quality of life of those within the locality.

Following this process, 9 prohibitions setting out behavioural boundaries were consulted on. These are as follows:

A.   Behaving in such a way or using language that causes, or is likely to cause, harassment, alarm or distress to another person.

B.   Drinking alcohol other than in a licenced premises or event.

C.   Spitting saliva or any other product from the mouth

D.   Face to face fundraising and marketing carried out by organisations without prior written permission of the Council.

E.   Failing to keep a dog on a leash and under control

F.    Using or carrying controlled drugs otherwise than in accordance with a valid prescription

G.   Littering

H.   Using a vehicle to cause a nuisance by gathering in groups, playing loud music or otherwise impacting the quality of life in the locality

I.      Urinating or defecating in a public place

These prohibitions were proposed to apply to all those living in or visiting the Town Centre and at all times and in all areas covered by the Town Centre and Clifton Park.

In order to fulfil the consultative requirements, the Council has undertaken a public consultation, which commenced on the 19th July 2017 and closed on the 16th August 2017. The consultation plan is attached as Appendix 2.

The consultation was publicised using various mechanisms including online, social media and traditional print and broadcast media. Feedback was invited primarily via the Council’s website, as well as inviting feedback in the form of a questionnaire and comment box.

The Community Safety Unit also undertook a range of additional activities in order to capture as many views as possible. These activities included:

-        A Members’ seminar held on the 1st August

-        Attendance at the Council’s Overview and Scrutiny Management Board

-        Two informal drop-in sessions, one within the  ...  view the full minutes text for item 37