Agenda item

-        Cabinet report of 31 January 2017 attached for information

The Licensing and Community Safety Partnership Manager referred to the Cabinet report of the Director of Central Services and Monitoring Officer which gave details of the proposed Public Spaces Protection Orders (PSPOs).  Details of the borough wide restrictions, as well as restrictions for particular geographical areas were included.

It was reported that PSPOs were intended to deal with a particular nuisance or problem in a particular area that was detrimental to the local communities’ quality of life.  They were designed to ensure that the law abiding majority could use and enjoy public spaces and reduce anti-social behaviour.   PSPOs would replace dog control orders, designated public place orders and gating orders and were being put in place to replace existing powers that were disappearing.

The definition of public space included any place to which the public or any section of the public had access, on payment or otherwise, as of right or by virtue of express or implied permission.

After consultation with Borough Council and Kent Police officers it was recommended that a PSPO containing multiple restrictions should be progressed, details of which were set out in Annex 1 to the report.  Some of the restrictions were borough wide, such as deterring dog fouling and dogs on lead by direction, and some were specific to particular locations like Haysden Country Park.

The introduction of PSPOs meant that anyone failing to comply with the restrictions could be issued with a Fixed Penalty Notice.   It was confirmed that the same charges in place now would still apply and these were £80, reduced to £50 on early payment.

Cabinet of 31 January 2017 had agreed to undertake public consultation on the proposals.  This consultation period would end on 15 March 2017 and everyone was encouraged to submit a response, especially to highlight any potential concerns or sites that were not included in the proposals.   However, it was explained that any potential suggestions for additional orders required sufficient evidence to demonstrate a need.  It was reported that the responses to the consultation received so far were favourable and these would be reviewed by Cabinet on 21 March 2017 before final proposals were presented to Council for consideration.

In summary, the measures proposed were to replace orders already in existence borough wide with the new PSPOs.

Finally, the Chairman reiterated the importance of responding to the consultation outlining any concerns and specific sites and reminded that the deadline was 15 March 2017.

In response to a question regarding enforcement, the Forum was advised that it was not realistic to expect 24 hours a day seven days a week cover as the Borough Council nor Kent Police had sufficient capacity to do this.  Powers could be passed to designated officers such as park rangers or environmental enforcement officers but no additional staff would be provided for enforcement.  However, if evidence was provided action would be taken and whilst Kent Police would not treat PSPOs as a priority there was a good working relationship between them and the Borough Council.   Targeted enforcement activity would be arranged when necessary and key measures would be discussed with partners.

Any known areas of concern should be identified via the consultation process and if there was sufficient evidence that a problem existed an additional PSPO would be considered.   It was emphasised that evidence of a problem needed to be provided and not just a request from local communities.