Issue - meetings

To consider the report of the Assistant Director Environment.

Place Scrutiny Committee considered the report at its meeting on 12 January 2017 and its comments will be reported.

The report of Assistant Director Environment was submitted to advise Members on the consultation responses and subsequent consideration given to the implementation of a Public Spaces Protection Order (PSPO or Order) in the City Centre area of Exeter.

The Leader stated that at Place Scrutiny Committee there had been a full debate on the PSPO and, whilst the committee had been in support, some concerns had been raised regarding the toilet facilities. Therefore, a six month pilot was proposed for the toilets on Musgrave Row to be open 24 hours a day, at an additional cost of £10,000.

Councillor Musgrave, having given notice under Standing Order no.44, spoke on this item. He welcomed the Leader’s proposal to pilot the opening of the toilets on Musgrave Row and asked how this would be communicated to the street community.

The Portfolio Holder for Place advised that the communication would be through Outreach Workers, Environmental Health Officers and the Safe Sleep project.

The Assistant Director Environment advised that there had been a full debate at Place Scrutiny Committee and without amendments to the recommendations. In light of the consultation, the provisions of the proposed PSPO had been revised to remove ‘street encampments’ entirely and change the focus from begging to aggressive begging which was the type of intimidating begging that most people found to be anti-social.  

At the invitation of the Leader, Police Inspector Simon Arliss addressed the Committee. He stated that the Police were in full support of the PSPO and clarified that begging within five metres of a cash point or other pay-point would be considered to be aggressive begging.

During discussion Member’s raised the following points:-

·         it was about getting the balance right and understanding that people have differing views of anti-social and intimidating behaviour

·         supported the Acceptable Behaviour Contracts – an innovation with Exeter leading the way; this was not about punishing people but working with them to help them move forward

·         welcomed the six month review and monitoring together with the application of the enforcement/positive pathway protocol

·         welcomed the provision of joint training on the pathway protocol

·         hoped that this order would help to stop loutish behaviour

·         would not want Council staff put in a position of conflict

·         there were concerns regarding whether the area should in St Thomas should be extended to encompass more recent anti-social behaviour

·         the Council had not paid lip-service to the consultation results; it had listened and made some changes to produce an improved Order

·         this was a good example of partnership working with the Police.

In response to Members’ questions, the Assistant Director Environment clarified that a pathway protocol would be developed with the Community Safety Partnership and there would be a supportive training programme which would provide clear guidance on what action was deemed appropriate and proportionate. The implementation of the PSPO would be monitored and reported back to Members and this would include any impact on Anti-Social Behaviour in the wider St Thomas area with any modification to the PSPO  ...  view the full minutes text for item 20

To consider the report of the Assistant Director Environment.

The Assistant Director Environment presented the report advising Members of the key features of the implementation of a Public Spaces Protection Order (PSPO), in the city centre area of Exeter; this was a discretionary power under the Anti-Social Behaviour Crime and Policing Act 2014 that a Council could adopt and shape for local circumstances to deal with persistent anti-social behaviour that had a detrimental impact on communities. He detailed the outcome of an inclusive on-line formal consultation exercise carried out over a four month period from November 2015 to February 2016 and which had resulted in over 1,200 responses. He also explained that by its very nature the inclusive on-line consultation was not confined to citizens living and working within Exeter. This online consultation had been targeted by a campaigning petitioner on Change.org who had campaigned against many other proposed PSPOs by other councils; the 12,000 individuals signing this petition had been encouraged to take part in Exeter’s online consultation, and consequently the views of those living and working in Exeter may have been diluted by others with no particular connection to Exeter, but who had been motivated by the campaign.

The Assistant Director Environment also drew Members’ attention to representation from the Green Party that had been circulated separately to the report.

Members had previously considered a proposal for a PSPO, reported to the former Scrutiny Committee Community in 2015, and this had included proposals to restrict the following activities – intoxicants, public urination, street encampments, begging, and anti-social behaviour of individuals and groups, with powers to disperse groups. Details of the responses were contained in the report, and in light of the consultation, the provisions of the proposed PSPO had been revised to remove ‘street encampments’  entirely, and change the focus from begging to aggressive begging, which was the type of intimidating begging that most people found to be anti-social.

A revision of the proposals had included an innovative use of the inclusion of an Acceptable Behaviour Contract as an option within the Fixed Penalty Notice system, so that in most cases of escalation, any recipient would also have the option of an Acceptable Behaviour Contract (ABC) with a zero penalty fee attached. The detail of an ‘ABC’ would relate to themisdemeanour and the circumstances of the individual concerned, with lead agencies being involved to assist in the drafting of the ‘ABC’ where appropriate. Discussions had already taken place with lead agencies such as RISE (Recovery and Integration Service), Julian House, St. Petrocks, Gabriel House and Exeter Community Voluntary Services to see how best this could be achieved. This should be seen as more of a positive and restorative pathway that would help change offending behaviour rather than a punitive intervention that could result in the criminalisation of an individual.

In order to establish whether the Council had got the balance right with the revised PSPO proposals, the Assistant Director Environment also highlighted a series of four open public meetings, held on dates in December 2016,  ...  view the full minutes text for item 7