Agenda item

Public Protection and Community Engagement Portfolio

To consider report HCS/23 of the Head of Community Services, which was referred to the meeting of the Overview and Scrutiny Commission held on 28 September 2020.

RESOLVED

That the Cabinet:

a)             Endorses and requests that Full Council make a PSPO in the form of the draft (at Appendix A to Report, HCS/23) having first considered the outcome of the consultation exercise and all other relevant matters, and provided that Full Council is satisfied on reasonable grounds that the 2 conditions in section 59(2) and (3) of the Anti-Social Behaviour, Crime and Policing Act 2014 are met (as set out in paragraph 4.3 of Report, HCS/23);

b)             Approves, subject to Full Council making the PSPO in the form of the draft at Appendix A of Report HCS/23, that the level for Fixed Penalty Notices which may be issued for a breach of the PSPO be set at £100. 

Reasons for the Recommendations

PSPOs can target a range of behaviours and can prohibit specified activities or require certain things to be done by people engaged in certain activities. PSPOs can send a clear message that these behaviours will not be tolerated and help reassure residents and businesses that unreasonable conduct is being addressed. The proposed PSPO will not restrict consumption of alcohol in a public place, but will be used to address anti-social and behaviour associated with alcohol consumption which has a detrimental effect on the town and community.

            The proposed PSPO, if made by Full Council, will provide the Police and Local Authority with an additional powers to complement existing enforcement strategies and legislation.  The proposed PSPO seeks to regulate specific activities in public places that have a detrimental effect on the local community and would be used as part of suite of options available to the council and police to enable a combined approach in tackling the problems associated with alcohol related nuisance, annoyance and disorder. 

The Leader presented report HCS/23 of the Head of Community Services which sought approval of a new Alcohol Consumption Public Spaces Protection Order (PSPO) when the current PSPO expires in October 2020. It was explained that an Order has been in place in Crawley since 2006 to address alcohol related anti-social behaviour firstly as a Designated Public Places Order (Intoxicating Liquor) and more recently as a transitioned PSPO.

It was explained that the purpose of the PSPO was to prohibit the consumption of alcohol where that consumption contributes to, is linked to or is associated with nuisance or annoyance to members of the public or a section of the public, or to disorder. It was noted that the Full Council has the authority of making the PSPO.

Councillor T Belben presented the Overview and Scrutiny Commission’s comments on the report to the Cabinet following consideration of the matter at its meeting on 28 September 2020, which included:

·         Confirmation that the new PSPO would replace the current alcohol PSPO.

·         Acknowledgement that the proposed PSPO would relate to the consumption of alcohol where it contributed to, was linked to or was associated with nuisance or annoyance to members of the public. 

·         It was noted that the proposed PSPO did not restrict the consumption of alcohol in a public place, but would be used to address anti-social behaviour associated with alcohol consumption which had a detrimental effect on the town and community.

·         Acknowledgement that the area covered by the PSPO was borough wide, with the exclusion of Gatwick due to restrictions covering that vicinity.

·         Explanations sought and obtained with reference to consultation and consumption of alcohol where the land and premises were council owned and/or operated.

·         Confirmation that it was anticipated the issuing of fixed penalty notices would be limited in relation to the street community. Previously when asked to stop drinking and hand over a vessel believed to contain alcohol there had usually been compliance.  Whilst fixed penalty notices can be escalated the PSPOs were within a suite of powers available.

·         It was noted that following lockdown due to the Coronavirus pandemic there had been an increase in antisocial behaviour. 

·         With reference to the antisocial behaviour data, it was felt it may be beneficial to understand the correlation between the number of instances and the time at which they occurred (for example if these were attributed to pubs’ closing time).

Councillor Crow was invited to speak on the item.  Matters raised included:

·         Acknowledgement that the consultation exercise had resulted in incredibly favourable results.

·         Recognition that if the proposed PSPO was not granted the current signage would need to be amended to remove any reference to the alcohol PSPO, resulting in a cost to the council.

·         A query was raised regarding the public perception of the enforcement use. It needed to be recognised that other methods were being deployed and PSPOs were within a suite of powers available.  Fixed penalty notices could be used where necessary.

·         General support offered for the renewasl of the PSPO.

All Cabinet Members present spoke as part of the discussion on the report. There was support for the renewal of the PSPO, particularly as it was noted alcohol related crime had increased.  It was recognised that action needed to be taken, whilst ensuring the PSPO was applied in a sympathetic manner.  There was acknowledgement that the PSPO was borough-wide (excluding Gatwick) and the list of hot spots was not exhaustive, and other areas such as Broadfield Barton were not identified in the report.

A recorded vote was taken on the recommendations in accordance with the Council’s Virtual Committee Procedure Rules.  The names of the Councillors voting for and against the recommendations, along with any abstentions, are recorded as set out below:

For the recommendations:

Councillors Irvine, Jhans, Lamb, Mullins and P Smith (5)

Against the recommendations:

None.

Abstentions:

None.

RESOLVED

That the Cabinet:

a)               Endorses and requests that Full Council make a PSPO in the form of the draft (at Appendix A to Report, HCS/23) having first considered the outcome of the consultation exercise and all other relevant matters, and provided that Full Council is satisfied on reasonable grounds that the 2 conditions in section 59(2) and (3) of the Anti-Social Behaviour, Crime and Policing Act 2014 are met (as set out in paragraph 4.3 of Report, HCS/23);

b)               Approves, subject to Full Council making the PSPO in the form of the draft at Appendix A of Report HCS/23, that the level for Fixed Penalty Notices which may be issued for a breach of the PSPO be set at £100. 

Reasons for the Recommendations

PSPOs can target a range of behaviours and can prohibit specified activities or require certain things to be done by people engaged in certain activities. PSPOs can send a clear message that these behaviours will not be tolerated and help reassure residents and businesses that unreasonable conduct is being addressed. The proposed PSPO will not restrict consumption of alcohol in a public place, but will be used to address anti-social and behaviour associated with alcohol consumption which has a detrimental effect on the town and community.

            The proposed PSPO, if made by the Full Council, will provide the Police and Local Authority with an additional powers to complement existing enforcement strategies and legislation.  The proposed PSPO seeks to regulate specific activities in public places that have a detrimental effect on the local community and would be used as part of suite of options available to the council and police to enable a combined approach in tackling the problems associated with alcohol related nuisance, annoyance and disorder.