Agenda item

Cabinet Portfolio:                 Waste, Roads and Community Safety

Strategic Directorate:           Regeneration and Environment

Consideration was given to a report that was submitted for pre-decision scrutiny ahead of the Cabinet meeting scheduled for 20 July 2020 in respect of consultation on two Public Spaces Protection Orders.

The Cabinet Member for Waste, Roads and Community Safety, the Strategic Director of Regeneration and Environment and the Head of Service – Community Safety and Regulatory Services attended the meeting to present the report and to answer members’ questions.

The current Town Centre Public Spaces Protection Order (PSPO) and the transitioned borough-wide dog fouling Public Spaces Protection Order would expire in September and October 2020 respectively.  This report proposed to undertake consultation in respect of both PSPOs at the same time to establish views about the conditions that might be included within each PSPO and to support a future decision. The consultation was planned to run from 27July to 23 August 2020 and to focus on the existing conditions, together with identifying any emerging issues of concern to partners and the public.

The Anti-Social Behaviour, Crime and Policing Act 2014 provided for PSPOs, including those that were transitioned: to be extended by three years; to be varied; and to be discharged, alongside the powers to introduce new Orders.  The Act stipulated specific requirements on who should be consulted where Orders were to be introduced or extended and the Council was obliged to notify the parish council or community council, of the proposed order, extension, variation or discharge. A consultation plan was included with the report.

Data provided showed that incidents of anti-social behaviour in the town centre and complaints of dog fouling across the Borough had been declining since 2016. Whilst this was encouraging, it was important to recognise that the issues remained and suitable tools and powers needed to be in place to tackle the problems as they arose.  Complaints relating to rowdy or inconsiderate behaviour remained significant as a proportion of anti-social behaviour incidents in the town centre and dog fouling remained an important issue to local communities.

Members raised a concern about public drinking in Rotherham town centre near the Minster and asked who was responsible for enforcement of the Town Centre PSPO.  Both the Police and the Council had enforcement powers and fines issued had been split roughly equally between both bodies.  Good joint working was in place and the Police did also have additional powers.

Officers confirmed 168 fines were issued in the last three years under the town centre order to 106 different people, showing a number of repeat offenders, some of whom had committed several offences. 39 fines had been issued for dog fouling. Under the 2014 Act a range of other potential powers could be used for repeat offenders, such as injunctions or community protection notices, tailored to the individual.  One such example was the imposition of positive requirements where fines alone would not be effective. For example, with regard to tackling alcohol consumption a requirement to engage with CGL the substance misuse treatment and recovery service to change behaviours in the long term could be made.

Dog fouling statistics indicated greater prevalence in certain areas and Members asked if it tended to be the same offenders and what other strategies were utilised to tackle this.  Often it was a very small number of people who let their dog foul on a daily basis and services acted upon reports but people needed to be caught in the act for a fine to be issued.  Learning from the PSPOs had helped to identify patterns and different strategies were employed for repeat offenders, not just fines, with other services also involved.  Good analysis and heat maps were available which could be shared at ward meetings with neighbourhood officers.  There was also a potential educative role for ward members.

Regarding the consultation, previously there had been concerns regarding implementation of the PSPO for users of Clifton Park. It was confirmed that the Friends of Clifton Park would be involved. 

Members sought assurance that the consultation would be as far-reaching as possible in the context of Covid-19.  As more people were at home and on-line it was hoped this would lead to a good response to the consultation and Members were welcome to add other consultees to the plan.  Some face to face consultation would take place where it could be undertaken safely.

The Cabinet Member and officers were thanked for their attendance to present the report.

Resolved:-

That Cabinet be advised that the recommendations be supported.