Issue - meetings

Decision:

(1)    That the variation of the existing town centre Public Spaces Protection Order, as set in Appendices 1 and 2 to the report submitted to the Executive, including the extension of geographical area and variation in behaviours, be approved.

(2)    That the proposed actions set out in Appendix 3 to the report, which aimed to address the outstanding actions raised during the review of the Public Spaces Protection Order, be approved.

Reasons:

(1)   The Council had demonstrated that it had undertaken the statutory process to be satisfied on reasonable grounds that:

·       activities had taken place that had a detrimental effect on the quality of life for those in the localities identified, or it was likely that activities would take place and that they would have a detrimental effect, and

·       the effect or likely effect of those activities:

o   was, or was likely to be, persistent or continuing in nature,

o   was, or was likely to be, unreasonable, and

o   justified the restrictions being imposed.

(2)   The PSPO review highlighted behaviours that were not appropriate for inclusion in a PSPO and would be better addressed with other tools or existing powers.

(3)   The PSPO review presented evidence of a lack of awareness of the existing PSPO and an absence of a robust enforcement policy to respond appropriately to breaches.

Other options considered and rejected by the Executive:

None

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

Public Space Protection Orders (PSPOs) were introduced through the Anti-social Behaviour, Crime and Policing Act 2014 and were part of a range of measures available to councils to address anti-social behaviour. PSPOs focused on identified problem behaviour in a specific location and the impact of that behaviour on communities and individuals. The Council had two PSPOs in place, one was a borough wide PSPO relating to dog fouling and the other a town centre PSPO relating to alcohol consumption. The council was required to review any PSPO at least every three years at which point they may be removed, amended, or extended by up to a further three years if there was a need for such a response to the problem.

The Executive considered a report relating to the town centre PSPO which set out the evidence and arguments to make a number of variations to the Order.  There was a recommendation to include additional behaviours including rowdy and inconsiderate behaviour and the use of ‘legal high’ substances. In addition the scope of the Order would be expanded to include The Mount, Josephs Road and Stoke Park. Enforcement would be educational and mainly targeted at repeat offenders.

Executive and ward councillors welcomed the recommendations, especially the geographical extension. It was noted that the PSPO did not include the problem of Parkour or ‘free running’ that was currently an issue for the town centre. This was resulting in damage to town centre roofs surrounding the Guildhall, especially in Market Street. The Leader of the Council would raise the matter with officers.

Officers and the members of the Joint Action Group (JAG) were commended for the report.

The Executive

RESOLVED:

(1)    That the variation of the existing town centre Public Spaces Protection Order, as set in Appendices 1 and 2 to the report submitted to the Executive, including the extension of geographical area and variation in behaviours, be approved.

(2)    That the proposed actions set out in Appendix 3 to the report, which aimed to address the outstanding actions raised during the review of the Public Spaces Protection Order, be approved.

Reasons:

(1)   The Council had demonstrated that it had undertaken the statutory process to be satisfied on reasonable grounds that:

·       activities had taken place that had a detrimental effect on the quality of life for those in the localities identified, or it was likely that activities would take place and that they would have a detrimental effect, and

·       the effect or likely effect of those activities:

o   was, or was likely to be, persistent or continuing in nature,

o   was, or was likely to be, unreasonable, and

o   justified the restrictions being imposed.

(2)   The PSPO review highlighted behaviours that were not appropriate for inclusion in a PSPO and would be better addressed with other tools or existing powers.

(3)   The PSPO review presented evidence of a lack of awareness of the existing PSPO and an absence of a robust enforcement policy to respond appropriately to breaches.  ...  view the full minutes text for item 85

The EAB considered a report which provided it with the opportunity to examine the process followed in reviewing the current Guildford town centre Public Space Protection Order (PSPO) and invited it to advise and comment on the adherence to, and appropriateness of, the process followed in relation to the statutory guidance and the Council’s obligations.

The report set out the context of the Council’s existing PSPOs together with the legal framework and the statutory guidance relevant to the review of a PSPO.  The Anti-social Behaviour, Crime and Policing Act 2014 had introduced PSPOs as a tool for councils to address anti-social behaviour in their areas.  The legislation included statutory requirements for councils to adhere to when reviewing, developing, and implementing PSPOs.  The Local Government Association (LGA) had produced guidance for councils based on the legislation and statutory requirements.

The Council had utilised the guidance to inform its approach to reviewing the current town centre PSPO.  The report set out how the Council had approached the review and adhered to the statutory guidance and provided a summary of the consultation undertaken in the process to date and concluded by setting out the next steps to be progressed in the review.  The key risks associated with this review and the mitigations were also addressed.

The Policy Officer – Community and Events gave a supporting presentation to summarise the contents of the report and to inform the related discussion.  The presentation outlined the background to the review, legal tests, process to date, impact of Covid-19, key risks, next steps, conclusion and a recommendation seeking the EAB’s related considerations and comments.

The following points arose from related questions, comments and discussion:

1.           The geographical area covered by the current PSPO was confined to Guildford town centre, however, in the event that a new PSPO was adopted or the current one amended, the associated review would consider the area to which it would relate.  Data was currently being gathered in order to identify where problem behaviours occurred to inform the area(s) to which a new or amended PSPO would apply.

2.           Anti-social behaviour by youths as a result of excess alcohol consumption was regularly experienced at Tongham Recreation Ground and other parts of the Borough.  Although Tongham Parish Council had discussed the matter with the police, minimal progress had been achieved to date and the advice received had been to continue reporting such incidents to the police, which was the case.  This type of anti-social behaviour and possible related crime appeared to occur in generational cycles.  It was confirmed that parish councils had been consulted in respect of the current review of the PSPO, in accordance with the statutory requirement.  There was awareness of these issues around the Ash and Tongham areas and the Joint Action Group (JAG) was the appropriate channel for reporting incidents of this nature.  The JAG would consider what anti-social behaviour tools were available to tackle the problems in the most appropriate manner.  PSPOs had not been suggested by any partners  ...  view the full minutes text for item 21