Issue - items at meetings - Managing Anti Social Behaviour in City Parks and on the Seafront

Report of the Director of Public Health (copy attached).

1)               That the committee designates the interim Head of the Community Safety, under the direction of the Director of Public Health to investigate the potential for the use of a Public Spaces Protection Order, including consultation with relevant partners and communities.

2)               That following this investigation and consultation, Policy and Resources Committee is asked to consider the findings and agree on the implementation or otherwise of a Public Spaces Protection Order in certain areas of the city.

28.1       The Committee considered a report of the Director of Public Health in relation to Managing Anti-Social Behaviour in City Parks and on the Seafront. The report outlined a new option for managing anti-social behaviour in city parks and open spaces using a Public Spaces Protection Order (PSPO); the report considering using this new power in addition to existing legislation where injunctions under the Criminal Justice and Public Order Act 1994 were already used.

28.2       Councillor Mitchell thanked Officers for the report, and explained that the administration had requested this report be brought forward at the earliest opportunity; as well as requesting a policy review. The new legislation would need to be used carefully and proportionately, and she hoped colleagues from other parties could support the report.

28.3       Councillor Mac Cafferty welcomed the comments that the powers would need to be used proportionately; he expressed caution at using the legislation to address issues in large areas of the city and queried how residents and communities would be consulted and involved. In response Officers clarified that the use would be targeted, but it was currently difficult to draw any firm conclusions at this stage. In relation to consultation it was also clarified that there would be close work with the Housing Department and consultation with those affected.

28.4       In response to queries from Councillor Janio the Head of Law clarified that the Act required the Council to be reasonable. The use of the new powers needed to be cautious and evidence based to avoid the risk of Judicial Review. Councillor Janio noted there was an argument for the Council to be bold and challenging in using these new powers and accept judicial review and the opportunity to create case law. 

28.5       Both Councillors Wealls and G. Theobald noted their support for the report and gave example of specific problem sites in the city. They hoped this work would progress and Members could feed into it as it emerged.

28.6       Councillor A. Norman commended the report and asked if the work could include those living in vehicles parked on city road as she highlighted hygiene and health and safety issues. Officers clarified that there was work being progressed to review the legal issues around van-dwellers. It was also noted that in relation to many of these issues there were already other measures in place to address this.

28.7       The Chair then put the recommendations to the vote.

28.8       RESOLVED:

1)        That the committee designates the interim Head of the Community Safety, under the direction of the Director of Public Health to investigate the potential for the use of a Public Spaces Protection Order, including consultation with relevant partners and communities.

2)        That following this investigation and consultation, Policy and Resources Committee is asked to consider the findings and agree on the implementation or otherwise of a Public Spaces Protection Order in certain areas of the city.