Agenda item

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 Town Centre and another in Riverside House reception

-        Attendance at the National Citizenship Scheme (both for under 16’s and 16–18 year olds)

-        Consultation with staff and colleagues working within the area

-        Attendance at the Rotherham Youth Cabinet

-        Visits to 82 town centre businesses

A full breakdown of responses to the consultation is provided attached as Appendix 3. In total, officers have gathered 525 responses through the various methods outlined above. Of those responses, 492 (93.7%) were in favour of the introduction of the PSPO. The online survey attracted a total of 151 respondents. Of these 126 (83%) were in favour of the Order.

Following the consultation, each of the prohibitions were recommended for inclusion in the order with the exception of:

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

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

A timetable for implementation will work towards enacting the PSPO on the 1st October 2017. Due to the risk posed by displacement of issues, with this Order focussing on the Town Centre only, it is furthermore recommended that a review is scheduled for 12 months post-implementation, during October 2018.

Discussion ensued on the report with the following issues raised/clarified:-

Concerns were raised about whether the response was sufficiently representative and the methodology underpinning the research was robust. The officer was satisfied that statutory requirements for consultation had been met and the response rate was in line with, if not better than, most public consultation exercises undertaken by the council.

Questions were asked in respect of the removal of the following prohibition of  using a vehicle to cause a nuisance by gathering in groups, playing loud music or otherwise impacting the quality of life in the locality from the Order. Although assurances were given that its future inclusion would be reassessed following further evidence gathering and consultation, it was felt that this prohibition should be included in the current Order. 

Enforcement of the Order would be carried out by defined personnel, including Police Constables, Police Community Safety Officer and designated RMBC staff or external agencies. Assurances were sought that guidance would be issued to all enforcement agencies to ensure that breaches to the Orders and issuing of any fines were dealt with consistently and transparently.

Concerns were expressed about the vulnerability of many of the people who may be subject to this Order, particularly in respect of street drinking or disorderly behaviour; further to this would the Order displace this problem to other parts of the Borough. Assurances were given that individuals would be referred to appropriate agencies for further support – e.g. Mental Health Service. The 12 month review would establish if the Order had displaced prohibited behaviours to other parts of the Borough outside of the defined area.

Resolved:- 

1.    That Cabinet be advised that the recommendations be supported, subject to the following insertion being made:

·         That the condition of using a vehicle to cause a nuisance by gathering in groups, playing loud music or otherwise impacting the quality of life in the locality (as outlined in Paragraph 7.8) be included in the Order.

·         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.

2.    That the post-implementation 12 month review be submitted to this Board for consideration.