Agenda item

Decision

1.    To commence a statutory consultation on a proposal to introduce a Public Spaces Protection Order in accordance with the draft order and plan annexed at Appendix A,  to include the following prohibitions:

(a)  Not to Spit (including discharge of chewing gum), urinate or defecate in a public place within the area coloured blue on order plan 1

(b)  Not to cycle or skateboard within the area coloured blue on order plan 2.

2.    To delegate authority to the Portfolio Holder for Environmental, Sustainability and Regulatory Services in consultation with the Assistant Director (Neighbourhood Delivery) to consider representations made pursuant to the statutory consultation and confirm or amend the PSPO as appropriate.

3.    To set £75 as the sum payable for a fixed penalty notice.

4.    To note the contents of the report in respect of Designated Public Places Orders (section 2) and note that they will transfer to PSPOs and shall remain in force for a period of three years from 20 October 2017 and shall then be the subject of review.

5.    To commence a non-statutory consultation on a proposal to introduce a Public Spaces Protection Order for the whole of the Borough in relation to dog fouling (specifically owners failing to pick up dog faeces from public areas) and other activities in relation to dogs which have a detrimental effect on the quality of life of the public

Reason for decision

To introduce a Public Spaces Protection Order to provide a means of controlling a number of activities having a detrimental effect on the quality of life for those living in, working in and visiting Hemel Hempstead town centre.

Corporate objectives

Safe and Clean Environment

Maintain a clean and safe environment

Monitoring Officer/S.151 Officer comments

Monitoring Officer:  

The PSPO will assist with the prevention of anti-social behaviour in the town centre.  There will need to be a proportionate approach to enforcement particularly where the order is being breached by young and vulnerable persons.

S.151 Officer:

The implementation and enforcement of the PSPO can be delivered from within existing budgets.

Advice

Cllr Marshall introduced report and advised its purpose is to seek Cabinet agreement to implement Public Space Protection Order (PSPO) to the Marlowes, Water Gardens, and Old Town as set out in the report.

Cllr Marhsall drew attention to street encampments, street begging, consumption of alcohol and feeding of wild foul; which are not included in this PSPO.

This PSPO relates entirely to spitting (including discharge of chewing gum), urinating and defecating in Marlowes, Water Gardens & Old Town and prohibits skateboarding and cycling along Marlowes.  Both these measures received strong support in public consultation and were considered at SPAR and H&R OSC last month.  Both scrutiny committees are in support, but expressed concern that there is no resource to support enforcement of these issues.  PSCOs and Councils Enforcement Officers will enforce the PSPOs.  If current resources need to be boosted it is a budgetary matter to be considered in due course.

Cllr Marshall referred to recommendation 4 which is seeking Cabinet approval to start work on introduction of PSPO relating to dogs & dog fouling.  This PSPO is intended for use throughout the borough.  Many Local Authorities are dealing with dog fouling and controlling dogs through PSPOs and the issuing of Fixed Penalty Notices (FPN) and if not paid, through the court.   The Council is drawing up proposals for consultation with scrutiny and public with a view to implementing such orders.

Cllr Marshall advised that she is also asking for approval for an additional 5^th recommendation; ‘To commence a non-statutory consultation on a proposal to introduce a Public Spaces Protection Order for the whole of the Borough in relation to dog fouling (specifically owners failing to pick up dog faeces from public areas) and other activities in relation to dogs which have a detrimental effect on the quality of life of the public’.

The Chair invited questions.

Cllr Harden referred to vigils outside of family planning clinics and asked, can officers confirm this is not something we would use a PSPO for? 

Cllr Marshall responded to advise that an organisation emailed all Cllrs last month on this subject, to which she responded and copied all Cllrs, to advise there is no current measure to put in a PSPO for limiting or prescribing gatherings of people, under which this would fall.

Cllr Williams commented that, like anything else, if it is bought to our attention that there is as an issue we would take it through due process.

Cllr Williams referred to the 5^th recommendation and commented that dog fouling is a borough wide problem, expressing his support in going out to consultation.

Cllr Sutton supported the measures against dog issues; most responsible dog owners would expect that.  Adding that limiting the number of dogs that could be taken by dog walkers is an important factor. The other issue is that we need to be sure that the people dog walking are local, we have had a number of instances where people are coming in from North London to exercise dogs in our area, not sure if it is something we can control or not, but annoying have to put up with it.  Make sure dogs are microchipped.

Cllr Marshall confirmed it is the law that dogs have to microchipped, this Council took action not long ago against a resident of the Borough who repeatedly failed to chip their dog which was running wild.  In terms of out of borough dog walkers, the only way to deal with that would be to licence dog walkers, which would be difficult.  It would be difficult to stop people from outside the Borough using our public spaces.

Cllr Douris referred to recommendation 3 and asked, is there an opportunity for discount on prompt settlement of Fixed Penalty Notices? 

Cllr Marshall responded that it will cost more if they don’t pay as it will go to court.

MBrooks advised you can include a discount for early payment but Cabinet would have to decide what it would be reduced to, some authorities have it as a reduced figure if paid within 14 days.

Cllr Williams commented that he would be in inclined to stick with the one fee.

Recommendations agreed; including additional recommendation 5.

Voting

None.