Issue - meetings

This report follows on from a report made to Cabinet in March 2020. It reports the results of a public consultation now completed, which sought views on the varying of the current PSPO in place for Poole Town Centre and Holes Bay. The report now recommends that Cabinet adopt the proposed amendments.

In addition, the report considers the use of PSPO’s across BCP and seeks approval of a further public consultation which seeks to consider a BCP wide PSPO aimed at managing general anti-social behaviour issues across our communities.

RESOLVED that:-

(a)           Cabinet approve the variation of the Poole Town Centre and Holes Bay PSPO as outlined at paragraph 5 of the report;

(b)           The Director of Communities be authorised to undertake consultation on a BCP wide Public Spaces Protection Order as set out in paragraphs 11 & 12 of this Report; and is authorised to finalise the precise terms of the wording of the conditions on which the consultation will be undertaken, such wording to be agreed in consultation with the Monitoring Officer; and

(c)           Cabinet considers the outcome of the consultation at a future meeting with a view to making recommendations in respect of the Public Spaces Protection Order in light of the consultation process.

Voting: Unanimous

Portfolio Holder: Tourism, Leisure and Communities

Reason

To vary the terms of the current Poole Town Centre and Holes Bay PSPO in order to implement a consistent and balanced approach which is fit for purpose for the whole of BCP, applying effective solutions to the complex issues around anti-social behaviour which seeks a reduction of harmful behaviours that impact negatively on the wider community, whilst placing the needs of vulnerable people at its heart.

The Leader of the Council presented a report on behalf of the Portfolio Holder for Tourism, Leisure and Communities, 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 were informed that this report followed on from a report made to Cabinet in March 2020 now reporting the results of public consultation which had now been completed and which had sought views on the varying of the current PSPO in place for Poole Town Centre and Holes Bay. In relation to this Cabinet were advised that the report now recommends that Cabinet adopt the proposed amendments.

Further to this Cabinet were informed that in addition the report considers the use of PSPO’s aimed at managing general anti-social behaviour issues across our communities.

In presenting the report the Leader advised that five public statements had been received all supporting the recommendations as set out on the Cabinet agenda. Further to this the Leader advised that a petition had been submitted which was unfortunately submitted outside of the required timescales and that this too had supported the recommendations as set out on the Cabinet paper.

The Chairman of the Overview and Scrutiny Board addressed Cabinet advising that at their recent meeting the Board resolved to make the following recommendation to Cabinet in respect of this item:

The Overview and Scrutiny Board recommends to Cabinet that no changes should be made to the existing Poole Town Centre and Holes Bay PSPO and that its existing clauses (a-g) be included as part of the BCP wide Public Spaces Protection Order consultation.

In presenting the recommendation the Chairman of the Board stressed that it wasn’t the intention to fine the homeless or rough sleepers.

The Vice-Chairman of the Overview and Scrutiny Board addressed Cabinet highlighting that the PSPO was fundamentally to deal with anti-social behaviour, and that no one wanted to issue fines to vulnerable people. In addition the Vice-Chairman of the Board advised that people had indicated that they did feel safer and that it had worked in Poole while in operation.

Councillor Farquhar addressed the Cabinet on behalf of the Labour Group, reading out a statement supporting the recommendations contained within the Cabinet paper. A copy of Councillor Farquhars statement has been published on the Councils website.

Comprehensive discussion took place on the paper with Cabinet stressing the importance of officers working with partner groups in order to help the homeless and those sleeping rough. In addition Cabinet highlighted that they did not support the recommendation from the Overview and Scrutiny Board.

RESOLVED that:-

(a)          Cabinet approve the variation of the Poole Town Centre and Holes Bay PSPO as outlined at paragraph 5 of the report;

(b)          The Director of Communities be authorised to undertake consultation on a BCP wide Public Spaces Protection Order as set out in paragraphs 11 & 12 of this Report; and is authorised to finalise the precise terms of the wording of  ...  view the full minutes text for item 227

To consider the Public Spaces Protection Orders (PSPO) report scheduled for consideration by Cabinet on 9 September.

The O & S Board is asked to scrutinise the reports and make recommendations to Cabinet as appropriate.

Cabinet member invited to attend for this item: Vikki Slade and Lewis Allison

The Leader of the Council presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book. A number of issues were raised by the Board in the subsequent discussion, including:

• A Board member queried the results of the consultation, specifically the removal of clauses b-e, and stated that the proposals seemed to contradict some of the results of the responses received. She added that she felt it had been an odd time to undertake such a consultation and could not understand the rationale behind removing the clauses before further consulting on a conurbation-wide PSPO because it was not clear from the consultation that had already happened in relation to the Holes Bay and Poole Town Centre PSPO, what people really thought about it. She therefore proposed that the clauses that were due to be removed be retained for the consultation across the conurbation, which was duly seconded.

In discussing the proposed amendment there were a variety of opinions and a number of issues were raised by Board Members, including:

• There was a mandate for the consultation to go ahead as planned, as the figures were balanced. Additionally, it would be counter-productive to issue fines to those already in poverty and the removal of clauses b-e was appropriate.
• The PSPO in its current form was prejudicial to those in need and could put the Council at risk of challenge via Judicial Review.
• There was an evidence base to support the use of PSPO’s and that the current one had been successful in its operation as it’s purpose was to prevent issues and the proof was that since its introduction only three fixed penalty notices had been issued.
• A member had conducted a walk around Bournemouth Town Centre after lockdown measures had been eased and made a note of his observations. He added that while he did have sympathy with those less fortunate, there was clearly an issue with the town centre and the measures currently weren’t working stating that residents, visitors and businesses were becoming fed up with these issues and he would therefore support the amendment as proposed.
• Dealing with issues in a heavy-handed way was not always the best approach and more sympathy should be shown as everyone was generally within a few pay checks away from poverty.
• Intervention was the best solution rather than enforcement and this would involve working more closely with external agencies.

The Board took a vote on the motion and it was:

RECOMMENDED that no changes should be made to the existing Poole Town Centre and Holes Bay PSPO and that its existing clauses (a-g) be included as part of the BCP wide Public Spaces Protection Order consultation.

Voting: For – 7 Against – 6

Cllrs G Farquhar and C Rigby requested that their votes against the motion be recorded in the minutes.

Cllrs M Greene and N Greene did not vote due to their declared  ...  view the full minutes text for item 38