Agenda item

The Panel will receive a report setting out an update in respect of the Public Space Protection Orders (PSPO) Review project progress.

Contacts:

Daisy McMurdo, Project Manager                       
Sabina Arshad, Greenspace Environmental Action Manager
Will Acornley, Head of Operational Services     

The Panel considered the report ‘Public Space Protection Orders (PSPO) Review Update’presented by Will Acornley, Head of Operational Services, Environment and Climate Change. The Panel were advised that:

• PSPOs were a range of powers that supported Local Authorities to tackle anti-social behaviour (ASB) locally.
• PSPOs aimed to keep communities free from anti-social behaviour through prohibiting activities that were persistently detrimental to communities.
• Kirklees Council introduced PSPOs in 2017 for a period of 3 years to 2020. They were then extended for a further 3 years in 2020 to 2023.
• Enforcement Officers within the Greenspace Action Team dealt with PSPO interventions daily with the majority having a positive outcome of stopping ASB activities occurring before a Fixed Penalty Notice had been issued.
• Since 2017, 97 Fixed Penalty Notices had been issued due to the continuation of ASB after officer intervention.
• The current PSPOs were to expire on 2 April 2023 unless they were reviewed and renewed or amended.
• The review process identified 9 PSPO’s which were due to expire.
• Legal tests for the original orders were reviewed with key stakeholders, and evidence was collated for supporting, retaining, or discontinuing the PSPO’s.
• Public Consultation was held 12^th December to January 15^th, 2023, including a survey to gather additional evidence and public opinion.
• The review process was now in its final stages where the decision would be made to authorise the PSPO’s.
• Consultation was held around an amendment to the Control of Fires and BBQ’s PSPO.
• The amendment was to allow for the exclusion of events through the Safety Advisory Group process for organising events, allowing the Council to provide an exclusion for community group organised events and improve efficiency in the process.
• The recommendations were arising from the public consultation was to support the amendment.
• Another change proposed was to discontinue the Public Urination and Defecation PSPO as there were other bodies, such as the police, with direct enforcement power around such issues.
• Public feedback however was in favour of retaining the Public Urination and Defecation PSPO and this recommendation arising from consultation was to be taken forward.
• The next steps were for the PSPO’s to be signed off by Officer Delegated Approval report ahead of 2^nd April 2023 for a further 3 years.
• The next statutory review date was to be 3 years from the date of the sign off of the 2023 Orders.

The Panel noted the presentation and agreed on the amendment to the Control of Fires and BBQ’s PSPO but raised concerns about how this might create the wrong public perception around fires and BBQ’s and the importance of protecting the moorlands. The Panel also wanted to know what steps had been taken to mitigate this and if West Yorkshire Fire Services had been consulted on the amendment.

In response, Will Acornley provided reassurance that the purpose of the amendment was for Council controlled events spaces only and that the moorlands would not be included. Will also clarified that partners including the West Yorkshire Fire service were consulted with and were supportive of the amendment.

In the discussion to follow, the Panel also asked questions in relation to the remit of the Legal Test as well as further highlighting the importance of raising awareness of where PSPO’s were in place through advertisement and signage, otherwise enforcement may be challenged. The Panel also wanted know if PSPO’s included specific areas.

In response to the question about the Legal Test, Daisy McMurdo, Project Support Officer advised that the Legal Test involved looking at evidence of activity deemed to be ‘detrimental and continuous in behaviour.’ PSPO were in place to deal with local communities pinpointing those areas where the issues were most paramount.

Will Acornley added that specific areas were identified and listed within the Control Orders applied within the PSPO. During the consultation there was specific information included about where the Order applied, and there was in excess of 450 responses which was positive and majority supportive of retaining the order in those specific locations. There were dedicated enforcement officers in post to support in those specific areas. The PSPO was the start of the process by providing the power to step in and take action as a basepoint. This supported the operational enforcement at a local level. Will Acornley further agreed with the Panel’s comments regarding raising awareness of where PSPO’s applied through signage and advertisement and highlighted that this be noted as a recommendation.

The Panel further raised concerns over the perceived lack of enforcement around street drinking in certain areas and wanted to know how the public were to be reassured about action around this.

In response, Will Acornley advised that there had been some improvements in Dewsbury following recent partnership work undertaken around tackling street drinking. PSPO officers were now a permanent resource to continue this work and further the positive impact.

The Panel thanked officers for work undertaken in relation to the PSPO’s and highlighted that the level of detail in the consultation responses was positive but expressed that in future that this information be received for consideration prior to the meeting. In response, Will Acornley noted the Panel’s comment and agreed that this information would be circulated to the Panel.

RESOLVED: The Panel noted the report ‘Public Space Protection Orders (PSPO) Review Update’ and recommended that:

1.    Action be taken to raise awareness in local communities of where PSPO’s are enforceable through signage and advertisement.

2.    Further details of the Consultation and responses be provided to the Panel.