Agenda item

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 Overview and Scrutiny Management Board confirmed this report had been considered on the 6^th September, 2017.  The Board were in broad agreement with the recommendations, subject to the two insertions relating to the use of a vehicle to cause a nuisance being included in the Order and that a single code of practice in respect of enforcement activity be adopted.  It was also suggested that this Order be closely monitored and progress be reported back to Overview and Scrutiny Management Board in twelve months’ time.

In response to the Chairman of the Overview and Scrutiny Management Board Councillor Hoddinottt welcomed the implementation of a single code of practice, but suggested that the use of a vehicle to cause a nuisance be subject to information gathering and reviewed for inclusion in six to twelve months’ time.

Commissioner Kenny agreed:-  (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 and for this to be considered by the Overview and Scrutiny Management Board.

(3)  That a single code of practice in respect of enforcement activity and issuing of penalties be adopted by the Council or any external body undertaking these functions on behalf of the Council.