Agenda item

D Austin briefly introduced the item to members and handed over to R Cassidy who ran through the report.
R Cassidy said these byelaws in the parks would help prevent metal detecting, unauthorised boot camps, horse-riding, fires, camping which are becoming issues. The byelaws would be a tool to help combat the problem.
B Lisgarten said these byelaws were based on the model laws provided by the government for Local Authorities to use. The proposed draft laws are set out in the report. When the report was presented at CMT, it was felt that the feeding of wild foul was not dealt with adequately and therefore it is suggested that two drafts are provided: 1) dealing with wild geese and 2) the model byelaws.
After the consultation, the Secretary of State must approve the laws. The model byelaws are a framework to use but allow for keeping or deleting laws, there isn’t really a process for adding byelaws.
Chipperfield Common is a Green Flag park and can be added to the list of parks covered by these byelaws.

Councillor Anderson said this was a break with tradition from the Council's past.  It had previously been said that bylaws were not enforceable or workable, that one risked opening a 'pandoras box', and that there was too much detail involved.  Members were worried about the desirability or need for the bylaws, and would need some convincing, including evidence that this was the only option left available.

R Cassidy said it was not just about prosecution. It would be a tool to help the public understand the behaviours accepted in Dacorum’s parks. Also, it does give the option of a Fixed Penalty Notice for repeat offenders. Other councils have been consulted and the byelaws are to help back up staff.

B Lisgarten said when these byelaws were being drafted other local authorities’ websites were looked at. Many of them use byelaws to state what behaviours they expect from visitors and to help celebrate the parks.

Councillor Ransley asked what happens when a public footpath goes through a park covered by these byelaws? Do these laws apply? A large number of children use skateboards through a park in Tring.

B Lisgarten said it is about the behaviour shown whilst using these skateboards. A consultation will take place with youth centres to find out the thoughts of younger people.

Councillor Birnie said he was not happy about the principle of byelaws as they are not suitable in all areas of the borough. How will it be enforced?

R Cassidy said the byelaws would not be enforced literally. For example, one byelaw excludes over 14 year olds from using play equipment. However, if that over 14 year old is well behaved, the byelaw would not be used. If the person over 14 years old is behaving anti-socially, then the laws can be used. They are not a blanket for everyone.

Councillor Birnie said he was not convinced and said this was a level of policing for the Council.

R Cassidy said the police will not act. For example, £6,000 worth of damage was caused to the new play equipment in Randells Park. The byelaws would have been a useful tool to prosecute in this situation.

B Lisgarten said colleagues in other agencies and the police are extremely busy and do not have the resources to deal with these situations. The byelaws are at the discretion of officers. They allow them to educate the offenders about the byelaws or issue a Fixed Penalty Notice.
B Lisgarten said the outcome of this report is to agree for the report to proceed, not to decide on implementing byelaws.

Councillor Matthews said the report states that it is just Green Flag parks that will be covered by these byelaws. He said there is a boot camp that uses Canal Fields in Berkhamsted and when the byelaws cover this park, they will then just move onto another park not covered by the byelaws. He feels the byelaws should be imposed on all parks or not at all. He hoped that the byelaws would be enforced and managed with common sense.

R Cassidy said he had felt the byelaws had been taken out of context and they will not be used to prosecute everyone.

Councillor Hicks asked who could enforce the byelaws.

B Lisgarten said the removal of offenders can be done by officers of the Council or the police.

Councillor Hicks asked if there was a public consultation on these byelaws as he felt the public would not be happy with some of the ones proposed. For example, he felt the byelaw stopping the feeding of ducks would be unpopular.

R Cassidy said this was an important byelaw for the Water Gardens where significant investment has been made and the area had previously been destroyed by Canadian Geese.

Councillor E Collins was concerned about the byelaw regarding damaging trees and shrubs if ball games were being played. If the tree is that important, it shouldn’t be in a park where ball games are bound to be played.

R Cassidy said it was about common sense. Recently, £25,000 has been spent on bedding plants and so the byelaws are about protecting the Council’s assets.

Councillor C Wyatt-Lowe suggested implementing these byelaws across the borough and perhaps changing the language of the byelaws. There is far too much “cannot”. There should be a positive element in the language to tell people they cannot do something but also encourage people to use the parks.

R Cassidy agreed and said it takes small minority to ruin the parks for the large majority to enjoy.

Councillor Birnie asked if other land owners like the Boxmoor Trust had been consulted.

B Lisgarten said these byelaws will only apply to Council owned land.

Councillor Riddick said if Chipperfield Common was to be included, them there are some sensitivities in that area. In recent years, the land has held a fireworks display and has caused friction with the local Parish Council. Are officers of the Parish Council able to enforce these byelaws?

B Lisgarten said no, only enforcement officers can enforce the byelaws that have the proper accreditation and training. The Parish Council can make reports to the Council however; this may be too late to collect evidence. Events on council property need a licence.

Councillor Matthews thought drones should be included.

B Lisgarten said an extensive conversation was had about including drones but as technology advances, it may not cover it. We can include in the draft and see what the Secretary of State says.

Councillor Anderson asked what the Portfolio Holder thought of the comments made by the committee.

Councillor Marshall thanked members for their comments. The point about choosing positive language was a good one and that softer language might encourage more people to use the parks. The byelaws are essentially a tool to deal with situations when people are using the park in an unreasonable manner. It is not intended to make Dacorum Borough Council a police state.

Outcome

That the Strategic Planning and Environment Overview and Scrutiny Committee supported  further consideration of the implementation of these bylaws subject to three conditions:
1.  That they are applied to the whole Borough, and not to cherry-picked parks.
2.  That common sense is used in their enforcement.
3.  That they are backed up with action, i.e. properly enforced.