Agenda item

Councillor Marshall introduced the report to members.
I am seeking OSC views on implementing a Public Space Protection Order for the Marlowes and the High Street in the old Town to prohibit just spitting (including discharging chewing gum), urinating and defecating and to prohibit cycling and skateboarding along the Marlowes.
When this matter was before your committee in June 2017, it was proposed that the Order could also be used to prevent consumption of alcohol (when basically there was unruly drunken behaviour), to prohibit street encampments, begging and feeding wildfowl and the public consultation in August to Oct 2017 included those grounds.    Since the consultation, the Government issued statutory guidance which stated that PSPO should not be used to target people based solely on the fact that someone is homeless or rough sleeping as that in itself would not mean the behaviour is having an unreasonable detrimental effect on the community’s quality of life – although I must stress that DBC would have been highly unlikely to do that -  there would have been other behavioural reasons of the rough sleeper concerned to justify using the PSPO.  Activating the PSPO is discretionary.
Nevertheless, officers in the Council’s ASB team feel they have sufficient powers using the Community Protection Notices route with regard to rough sleeping and also in respect of begging or an anti-social behaviour injunction – DBC has already had 2 such injunctions issued against people who implied they were homeless and whose actions were such that they could be perceived to be begging.  
Conversely, the public consultation showed a clear majority in favour of including street encampments and begging in the PSPO – many comments were made along the lines that people felt intimidated.    There were also comments along the lines that DBC should be tackling the homelessness – which of course the Housing Department do. 
Regarding consumption of alcohol, the area in question already has a Designated Public Place Order which can continue under transitional arrangements as if they were Public Space Protection Orders until October 2020.
The public consultation showed a majority not in favour of prohibiting feeding of wildfowl.  At the moment, it is thought that this problem is not so great as cannot be managed by publicising and informing people on the dangers and consequences of feeding wildfowl.
I would be grateful for your views so that they can be considered by Cabinet.

Councillor Hicks said the Marlowes was a big area and questioned why bicycles couldn’t use it as a cut through.

Councillor England said there doesn’t seem to be a budget for enforcement and the availability of resources.

Councillor Marshall said the no cycling relates to the paved area of the Marlowes and doesn’t cover the bus interchange.
There isn’t a provision in the budget but a CPN would not be the right vehicle for enforcement.

D Austin said as part of E Walker’s remit, there are generic enforcement officers. It is difficult to catch people in the act but there will be targeted events to raise publicity.

Councillor England underlined that it was important to identify when these activities take place.

Councillor Anderson said these activities are not happening on a huge scale so resources would need to be targeted.

Councillor Birnie said if the council are not making examples of people, then it is wasting its time. Incidents of nuisance cycling are low.

Councillor Marshall said the consultation shows a strong public desire for this to be included.

Councillor Timmis asked who would be carrying out the enforcement.

D Austin said it would be council staff who have carried out accredited training to issue fixed penalty notices.

Councillor Fisher said the public toilets had been closed due to vandalism. She asked if this was covered under the proposed PSPOs.

Councillor Marshall said they had been closed for a long time but said she didn’t think that the unavailability of public toilets allows for urinating on the street.

Councillor G Sutton said there was some concerns about the public toilets. They were being used for everything but going to the toilet. The council are looking at options to turn it into a radar key toilet but the issue is that these keys are readily available online.

Councillor England said a night time economy may improve some behaviours.

Outcome

Councillor Anderson proposed that the committee were mindful of the consultation feedback and offer its conditional support to implement these PSPOs. The Strategic Planning and Environment Overview and Scrutiny Committee approved the report.