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 21 September 2020 in respect of Public Space Protection Order (PSPO) Proposals – September 2020.

The Cabinet Member for Waste, Roads and Community Safety and the Assistant Director - Community Safety and Street Scene attended the meeting to present the report.

It was noted that the report to Cabinet in July 2020 that had detailed proposals for consultation on the details of the PSPO’s had been delayed significantly due to Covid-19 pandemic, and as such a request had been made for the decision to implement the new PSPO’s be exempt from call-in in order to prevent a potential gap between the old PSPO’s expiring and the new proposed PSPO’s coming into force occurring. It was noted that as such the Chair of Overview and Scrutiny Management Board, in consultation with the Leader of the Opposition had agreed to exempt the decision from the normal call-in procedure.

The report noted that the Anti-Social Behaviour, Crime and Policing Act 2014 had created powers to introduce PSPO’s in order to prevent individuals or groups committing anti-social behaviour in public spaces, and that the introduction of these powers had superseded previous legislation, such as Dog Control Orders. This change of legislation had subsequently enabled the Council’s Dog Control Order, that prohibited the fouling of land by dogs, to be transitioned into a PSPO. It was noted that this PSPO was due to expire on 19 October 2020.  In addition, on 11 September 2017, the Cabinet and Commissioners’ Decision-Making Meeting had agreed the implementation of a new PSPO from 1 October 2017 that prohibited a number of anti-social behaviours in the town centre. It was noted that this PSPO was due to expire on 30 September 2020.

The Cabinet Member for Waste, Roads and Community Safety noted the role that scrutiny had played in the development and consultation process for the new proposed PSPO’s. It was also noted that an extensive consultation process had taken place on the proposals. Full details of the consultation process and responses were included in the officer’s report and it was noted by the Cabinet Member that the responses from the consultation had been overwhelmingly in favour of the proposals for the renewal of the two PSPO’s.

Members noted that some respondents to the consultation had asked for changes to the PSPO’s to be made and asked for further information on the changes that they had wanted to see. The Cabinet Member advised that the requests had been regarding extending the area covered by the Town Centre and Clifton Park PSPO. The Assistant Director - Community Safety and Street Scene noted that there had also been requests to increase the penalties for breaching the PSPO’s.

Members noted the significant number of complaints that they received regarding dog fouling, on the frequency of dog bins being emptied and on the lack of bins in public spaces. Members agreed that residents must be urged to report incidents of bins not being emptied or being located in unsuitable locations, as well as regarding dog fouling not being cleaned up so that action could be taken to locate bins in the most suitable areas and to deploy enforcement activity in problem areas. The Cabinet Member agreed that only by residents reporting problems could a picture be created of where problem areas were and to enable appropriate deployment of resources. The Cabinet Member stated that 22 penalty notices for dog fouling had issued in the last year and noted that this was a considerable achievement given that enforcement officers had to be on the spot and witness an offence taking place. The Cabinet Member noted that more enforcement officers were being recruited and that the new officers would have links to specific neighbourhoods that would enable them to develop good local knowledge of their areas and to build relationships with local residents and ward members.

The Cabinet Member for Cleaner, Greener Communities noted that new bins were currently being installed but that these bins would be for the replacement of damaged or missing bins, not for creating additional bin locations. The Assistant Director noted that bagged dog waste could be placed in any bin and not just in designated dog fouling bins and advised that where bins were missing that ward members would be consulted on the most suitable site for the replacement bin to located.

The Chair asked about whether there were any exemptions for fines regarding dog fouling. The Assistant Director advised that owners of assistance dogs were exempt from fines and assured members that in all cases of enforcement activity equality issues were always considered and  noted that any enforcement action taken would always need to meet the public interest test in being pursued.

The Chair thanked the Cabinet Member for Waste, Roads and Community Safety and the Assistant Director - Community Safety and Street Scene for attending the meeting and answering members’ questions.

Resolved: -

That Cabinet be advised that the recommendations be supported.