Agenda item

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 such as the boundary, to be considered by Members and approved by Council. The Police would be the principal agency using the PSPO powers on the front-line.

The Leader stated that it had been a long process to get the PSPO to this stage. He welcomed the order and proposed an additional recommendation for a six month pilot for the toilets on Musgrave Row to be open 24 hours a day, at an additional cost of £10,000. This was agreed by Executive.

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

RECOMMENDED that Council approves:-

(1)        the implementation of a Public Space Protection Order, in the area defined by the attached map (Appendix 1A), with the restrictions (contained in Appendix 1B), for a period of three years from the commencement date of 1 June 2017;

(2)        this Order replacing the Designated Public Places Order that currently exists in the City Centre to control the problematic consumption of alcohol within public places, and which is contained within the boundary of the proposed Public Spaces Protection Order;

(3)        Officers working with the Police and Exeter Community Safety Partnership in the development of an enforcement and positive/restorative pathway protocol for the Public Spaces Protection Order, together with a supporting training programme. The purpose of this is to provide clear guidance on what action is deemed appropriate, proportionate, reasonable and compassionate, with particular regard given to the rights of freedom of expression and freedom of assembly as set out in Articles 10 and 11 of the Convention on Human Rights;

(4)        the adoption of a zero penalty fee where a recipient of a fixed penalty notice issued for a breach of the PSPO commits to the option of an Acceptable Behaviour Contract contained within and offered by the respective fixed penalty notice;

(5)        any funding received by the Council from fixed penalty notices issued for a breach of any PSPO would be ring fenced for programmes to address anti-social behaviour and the funding administered by the Exeter Community Safety Partnership;

(6)        Officers bringing back a report to Place Scrutiny Committee after six months of any Order being implemented as to its operation and effectiveness in reducing the problematic anti-social behaviour it seeks to manage together with any negative or unforeseen impacts that it may develop, and any recommendations for varying or discharging the Order: and

(7)        a pilot take place to open the toilets on Musgrave Row 24 hours a day for six months, requiring an additional budget of £10,000.