Agenda item

On 14 December 2022, Cabinet resolved to proceed to public consultation for three Public Spaces Protection Orders (PSPO’s.) The public consultation was launched on 23 January 2023 and ran until 19 February 2023;

i)               Coastal areas including beaches, pier approaches and up to cliff tops from Ham Common peninsula to Highcliffe - Prohibiting playing of loud music, acting in an antisocial manner, overnight camping/sleeping, lighting of open fires and BBQs.

ii)              Highways and car parks, a defined area from the coast inland up to the major roads boundary road - Prohibiting overnight sleeping in vehicles, loud music and acting in a manner which has a detrimental impact on others in the vicinity.

iii)            Opens spaces as identified – prohibiting overnight camping, fires and BBQ’s

Following detailed consideration of the consultation results and further examination of the evidence, the proposals have been significantly refined as outlined in this report and the options appraisal within the appendices.

It is recommended that two PSPOs, and the behaviours within, are designated:

Coastal areas PSPO including beaches, pier approaches and up to cliff tops from Ham Common peninsula to Highcliffe

1.    No person shall be, or encourage others to be, aggressive towards other persons or be verbally abusive, including swearing in an aggressive manner in the “Designated Area”

2.    A person or persons shall reduce the volume of music of which they have control, when asked to do so by an Authorised Officer within the “Designated Area.”

3.    A person or persons must not urinate or defecate anywhere other than public toilets in the “Designated Area”

4.    No person(s) shall light an open fire in the “Designated Area” at any time.

5.    No person(s) shall use a BBQ between the hours of 07:00 - 18:00 in the “Designated Area,” except with written permission from the Council or through the use of Council owned electric hotplates.”

Open Spaces

1.    No person shall place, throw or drop in the “Designated Area”, anything likely to cause a fire.

2.    No person shall light a fire, and/or barbeque (including a disposable barbecue) in the Designated Area”.

3.    No person shall use any item in the Designated Area” which either

(i)             causes a naked flame or poses a risk of fire.

RESOLVED that Cabinet: -

(a)             considered the consultation response, options appraisal, Equality Impact Assessment and updated proposed Orders.

(b)            approved the implementation of the following PSPOs and behaviours:

Coastal PSPO – to address a loud music, intimidating and aggressive behaviour, urination and defecation and open fires and BBQs on all beach areas from Hamworthy to Highcliffe

Open spaces PSPO – to address open fires including BBQs over twenty sites including heathland, parks and recreational areas

(c)             commission a feasibility study for a designated space for vehicular sleeping, caravanning and camping

Voting: Unanimous

Portfolio Holder: Housing and Regulation

Reasons

Public Spaces Protection Orders (PSPO’s) have been identified as a means of preventing and resolving negative behaviours seen throughout the last two years of the 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. Following an evidence assessment, it was concluded that these conditions were met in relation to identified behaviours and as a result, three PSPO’s were proposed for consultation.

A public consultation was conducted for 4 weeks from 23 January 2023 to 19 February 2023, which set out the evidence, areas to be covered by the proposed Orders and timescales for application.

Following detailed further consideration of the evidence and the consultation responses, an options appraisal has concluded that the Council should proceed with two of the proposed PSPO’s outlined within the report, covering fires, BBQ’s and anti-social behaviour and to implement them as soon as legislatively and operationally possible.

The Portfolio Holder for Housing and Regulation presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'E' to these Minutes in the Minute Book.

Cabinet was advised that on 14 December 2022, Cabinet had resolved to proceed to public consultation for three Public Spaces Protection Orders (PSPO’s.) set out below, and that the public consultation had been launched on 23 January 2023 and had run until 19 February 2023;

i)       Coastal areas including beaches, pier approaches and up to cliff tops from Ham Common peninsula to Highcliffe - Prohibiting playing of loud music, acting in an antisocial manner, overnight camping/sleeping, lighting of open fires and BBQs.

ii)      Highways and car parks, a defined area from the coast inland up to the major roads boundary road - Prohibiting overnight sleeping in vehicles, loud music and acting in a manner which has a detrimental impact on others in the vicinity.

iii)    Opens spaces as identified – prohibiting overnight camping, fires and BBQ’s

In relation to this Cabinet was informed that following detailed consideration of the consultation results and further examination of the evidence, the proposals have been significantly refined as outlined in the report and the options appraisal within the appendices.

Cabinet was advised that it was recommended that two PSPOs, and the behaviours within, are designated, these being:

Coastal areas PSPO including beaches, pier approaches and up to cliff tops from Ham Common peninsula to Highcliffe

1.     No person shall be, or encourage others to be, aggressive towards other persons or be verbally abusive, including swearing in an aggressive manner in the “Designated Area”

2.     A person or persons shall reduce the volume of music of which they have control, when asked to do so by an Authorised Officer within the “Designated Area.”

3.     A person or persons must not urinate or defecate anywhere other than public toilets in the “Designated Area”

4.     No person(s) shall light an open fire in the “Designated Area” at any time.

5.     No person(s) shall use a BBQ between the hours of 07:00 - 18:00 in the “Designated Area,” except with written permission from the Council or through the use of Council owned electric hotplates.”

Open Spaces

1.      No person shall place, throw or drop in the “Designated Area”, anything likely to cause a fire.

2.      No person shall light a fire, and/or barbeque (including a disposable barbecue) in the Designated Area”.

3.      No person shall use any item in the Designated Area” which either

(i)               causes a naked flame or 

(ii)              poses a risk of fire.

The Portfolio Holder advised that the third PSPO relating to Highways and car parks which included the prohibition of overnight sleeping which had been put forward in the consultation had not been taken further, and that in relation to this in order to impose a PSPO there needed to be a strong evidence base which there wasn’t and in addition to this the council would be subject to a possible legal challenge around the negative equality impacts.

Councillor Challinor addressed the Cabinet welcoming the initiative but stressing disappointment that it will not cover overnight camping on beaches and overnight sleeping in cars and urged the Cabinet to rethink this.

Councillor Haines addressed the Cabinet also urging Cabinet to rethink this aspect and stressed that if overnight camping on beaches and overnight sleeping in cars isn’t included this time, that it be kept under review.

Councillor Rampton addressed the Cabinet welcoming some of the proposed measures including the sites for campervans but expressed concern that there had been a missed opportunity to include the ban on overnight camping.

Councillor Rigby addressed the Cabinet supporting leaving out the overnight camping and campervans from the PSPO and highlighting that many people choose to live in a different way. In addition, Councillor Rigby questioned the section of the PSPO which indicated that there were no fires permitted and questioned whether consideration could be given to including with the exception of whereby written permission has been received from the council?

In relation to this Officers advised that something could be added to the PSPO to deal with council consent in respect of permitted fires.

Cabinet Members spoke in support of the report and the Portfolio Holder stressed the importance of presenting a strong evidence base and advised that counsel opinion had been sought.

In addition, the Portfolio Holder advised that this will be a multi-agency approach and will be monitored. Further to this the Portfolio Holder advised the way in which it will be enforced was set out in the report.

The Leader highlighted the timetable for implementation and the officer advised that it was anticipated that the first step was to communicate the PSPOs effectively and that a robust communications programme would take place to those that would be affected. In addition, the officer advised that signage would have to be placed effectively and staff trained, and that implementation would take place as soon as possible based on those factors. Further to this Cabinet was advised that it was hoped that the open spaces PSPO could be implemented by the end of the summer holidays, and that the seafront one would be kept under review based on the teams current capacity and visitor influx but with a minimum of staff being trained in September.

RESOLVED that Cabinet: -

(a)              considered the consultation response, options appraisal, Equality Impact Assessment and updated proposed Orders.

(b)              approved the implementation of the following PSPOs and behaviours:

Coastal PSPO – to address a loud music, intimidating and aggressive behaviour, urination and defecation and open fires and BBQs on all beach areas from Hamworthy to Highcliffe

Open spaces PSPO – to address open fires including BBQs over twenty sites including heathland, parks and recreational areas

(c)              commission a feasibility study for a designated space for vehicular sleeping, caravanning and camping

Voting: Unanimous

Portfolio Holder: Housing and Regulation

Reasons

Public Spaces Protection Orders (PSPO’s) have been identified as a means of preventing and resolving negative behaviours seen throughout the last two years of the 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. Following an evidence assessment, it was concluded that these conditions were met in relation to identified behaviours and as a result, three PSPO’s were proposed for consultation.

A public consultation was conducted for 4 weeks from 23 January 2023 to 19 February 2023, which set out the evidence, areas to be covered by the proposed Orders and timescales for application.

Following detailed further consideration of the evidence and the consultation responses, an options appraisal has concluded that the Council should proceed with two of the proposed PSPO’s outlined within the report, covering fires, BBQ’s and anti-social behaviour and to implement them as soon as legislatively and operationally possible.