Issue - meetings

The Seasonal Response Programme, delivered at peak visitor periods over the last two years, has seen a number of negative behaviours presented by some individuals which have impacted upon our environment and on visitor and resident enjoyment of our beaches and open spaces -  which has required significant additional resource to manage. The annual Seasonal Response review has made a recommendation to consider the use of Public Spaces Protection Orders (PSPO’s) where appropriate, in order to prohibit these behaviours, thereby creating a strong deterrent and enabling the Council to take effective action in a timely manner.

A feasibility assessment has identified six behaviours which meet the legislative criteria for consideration of a PSPO, based on consideration of evidence and enforcement options. The next step is to launch a public consultation which is an essential requirement in considering whether to proceed with any Order. This report seeks approval from Cabinet to continue the detailed work required to prepare for public consultation, including final mapping of evidence in order to define the areas where behaviours are proposed to be prohibited. The report seeks delegated authority for the Portfolio Holder for Community Safety and Regulation to approve the final proposals subject to completion of this work as well as consideration of external legal advice from counsel.

The consultation results will inform a detailed assessment of responses which will be considered along with a final options appraisal. Final proposals will be presented to Cabinet for approval.

RESOLVED that: -

(a)     Cabinet approve the further consideration of potential Public Spaces Protection Orders as noted at paragraph 9 of the report;

(b)    Cabinet approve the progression to public consultation on Public Spaces Protection Orders within the scope noted, subject to finalisation of the evidence assessment; and

(c)     Cabinet delegate authority to the Director of Communities in consultation with the Portfolio Holder for Community Safety and Regulation, to approve the final proposals and consultation documents by way of a Portfolio Holder Decision Record.

Voting: Unanimous

Portfolio Holder: Community Safety and Regulatory Services

Reason

Public Spaces Protection Orders (PSPO) have been identified as a means of preventing and resolving negative behaviours seen throughout the last two years of Seasonal Response Programme delivered at peak visitor periods.

Section 59 of the Anti-Social Behaviour Crime and Policing Act 2014 permits a Local Authority to designate a PSPO if it is satisfied on reasonable grounds that conditions prescribed by the Act are met. A feasibility assessment has concluded that there is sufficient evidence to support the further consideration of a PSPO’s in regard to six identified behaviours. The assessment also strongly indicates that the Council and Police will be able to take more robust action in regard to these behaviours, improving the response and acting as a deterrent.

Further work is required to finalise proposals and progress to public consultation. In order to do so in a timely manner and within timescales which could allow for adoption prior to the Summer 2023 season, delegated authority is sought to support the completion of this work and to achieve the launch of consultation in January 2023.

The Leader of the Council and Portfolio Holder for Finance and Regeneration presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'G' to these Minutes in the Minute Book.

Cabinet was advised that the Seasonal Response Programme, delivered at peak visitor periods over the last two years, has seen a number of negative behaviours presented by some individuals which have impacted upon our environment and on visitor and resident enjoyment of our beaches and open spaces - which has required significant additional resource to manage.

Cabinet was informed that the annual Seasonal Response review has made a recommendation to consider the use of Public Spaces Protection Orders (PSPO’s) where appropriate, in order to prohibit these behaviours, thereby creating a strong deterrent and enabling the Council to take effective action in a timely manner.

In relation to this Cabinet was advised that a feasibility assessment had identified six behaviours which meet the legislative criteria for consideration of a PSPO, based on consideration of evidence and enforcement options, and that the next step is to launch a public consultation which is an essential requirement in considering whether to proceed with any Order.

Cabinet was informed that the report sought approval to continue the detailed work required to prepare for public consultation, including final mapping of evidence in order to define the areas where behaviours are proposed to be prohibited, and that further to this the report sought delegated authority for the Portfolio Holder for Community Safety and Regulation to approve the final proposals subject to completion of this work as well as consideration of external legal advice from counsel.

Cabinet was advised that the consultation results will inform a detailed assessment of responses which will be considered along with a final options appraisal, and that final proposals will be presented to Cabinet for approval.

A non-Cabinet Councillor commented that the LGA guidance was that there should be a balance with civil liberties, in relation to the restriction on taking non-disposable barbeques onto the Beach. The Cabinet was informed that the PSPO implementation was fully based on evidence and there would be further consultation prior to approval of the final proposals.

RESOLVED that: -

(a)     Cabinet approve the further consideration of potential Public Spaces Protection Orders as noted at paragraph 9;

(b)    Cabinet approve the progression to public consultation on Public Spaces Protection Orders within the scope noted, subject to finalisation of the evidence assessment; and

(c)     Cabinet delegate authority to the Director of Communities in consultation with the Portfolio Holder for Community Safety and Regulation, to approve the final proposals and consultation documents by way of a Portfolio Holder Decision Record.

Voting: Unanimous

Portfolio Holder: Community Safety and Regulatory Services