Agenda item

Report of the Strategic Director of Regeneration and Environment

Recommendations:-

1.           The Cabinet approve the two draft Public Space Protection Orders attached as appendix 2 and 3 containing the following restrictions/requirements

2.           Town Centre and Clifton Park PSPO

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

3.           Borough Wide Dog Fouling PSPO

a.           If a dog defecates on any land to which this Order applies and the person who is in charge of the dog at the time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless:

                              i.                 That person has reasonable excuse for failing to do so; or

                            ii.                 The owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so.

b.           This Order does not apply to a person where:

i.             that person is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or

ii.            has a disability as defined by the Equality Act 2010 or its successor and who relies upon an accredited assistance dog trained by an accredited member of Assistance Dogs International (ADI) or the International Guide Dog Federation (IGDF) or other prescribed charity.

Consideration was given to the report which detailed how Borough-wide Dog Fouling Public Spaces Protection Order expired in September and October, 2020 respectively and detailed the response to the full public consultation.

The implementation and performance on the Orders would continue to be closely monitored.

The production of the report in July 2020 with proposals for consultation were delayed significantly due to Covid-19 pandemic work taking priority within the Service. On this basis a request was made for this decision to be exempted from call-in to prevent a potential gap between the old and any proposed new Order. Any delay caused by the call-in process would seriously prejudice the Council’s or the public’s interests. 

The Chair of Overview and Scrutiny Management Board and the Leader of the Opposition were consulted and have agreed that a decision to exempt this decision from call-in was, therefore, reasonable in the circumstances and have agreed to it being dealt with as an urgent matter.

This report had been considered by the Overview and Scrutiny Management Board as part of the pre-scrutiny process who were in support of the recommendations.

Resolved:-

That the two draft Public Space Protection Orders attached as Appendix 2 and 3 contain the following restrictions/requirements be approved:-

2. Town Centre and Clifton Park PSPO

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

3. Borough Wide Dog Fouling PSPO

a.     If a dog defecates on any land to which this Order applies and the person who is in charge of the dog at the time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless:-

i.           That person has reasonable excuse for failing to do so; or

ii.          The owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so.

b.     This Order does not apply to a person where:-

i.           that person is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or

ii.          has a disability as defined by the Equality Act 2010 or its successor and who relies upon an accredited assistance dog trained by an accredited member of Assistance Dogs International (ADI) or the International Guide Dog Federation (IGDF) or other prescribed charity.