Issue - meetings

Report No:   CAB/SE/17/003

Portfolio Holders: Robert Everitt and Joanna Rayner

Lead Officers: Helen Lindfield, Damien Parker and Mark Christie

RESOLVED:

That, as detailed in Report No: OAS/SE/17/002:

(1)     the inclusion of street begging in the Bury St Edmunds alcohol-related Public Space Protection Orders, be approved, subject to public consultation; and

(2)     the Public Space Protection Orders relating to dog control across St Edmundsbury, be approved, subject to public consultation.

The Cabinet considered Report No: CAB/SE/17/003, which sought approval for amendments to conditions of certain Public Space Protection Orders as a result of changes to legislation, prior to public consultation. 

The Anti-Social Behaviour Crime and Policing Act 2014 tidied up, amalgamated and redefined a number of anti-social behaviour (ASB) powers.  This included replacing Designated Public Space Orders (DPPOs) and Dog Control Orders with Public Space Protection Orders (PSPOs).

Where a DPPO was currently in force, as in the case in Haverhill and Bury St Edmunds, it would continue to be valid until October 2017, which was three years following the introduction of the new legislation.  At this point the DPPO would be treated as a PSPO and remain in place for a further period of up to three years unless varied or discharged.  Only if there was a variation or discharge of the Order, does the change from DPPO to PSPO need to be subject to a period of consultation and be considered through the Council’s democratic process.

As one of the Portfolio Holders responsible for this matter, Councillor Joanna Rayner, Portfolio Holder for Leisure and Culture, drew relevant issues to the attention of Cabinet, including that the Overview and Scrutiny Committee had scrutinised proposed changes to the alcohol-related PSPOs in Bury St Edmunds, which on the request of Suffolk Police and other stakeholders, included a proposed additional condition relating to street begging; and also changes to conditions to the PSPOs relating to dog control across St Edmundsbury.  The Committee had also noted that the alcohol-related PSPOs in Haverhill remained in place; however, no changes to the conditions had been proposed or the area covered,  therefore no decisions were required to be made.

The Cabinet acknowledged the concerns of the Committee regarding distinguishing the difference between ‘passive’ begging and ‘aggressive’ begging, as outlined in the Cabinet report; however it was recognised that it was challenging to differentiate the variances in language in the Order, which would result in making the Order difficult to enforce.  

The Cabinet was satisfied that subject to the outcome of the public consultation, the proposed changes were acceptable and proportionate to mitigate potential nuisance or problems in an area that may be detrimental to the local community’s quality of life.

RESOLVED:

That, as detailed in Report No: OAS/SE/17/002:

(1)     the inclusion of street begging in the Bury St Edmunds alcohol-related Public Space Protection Orders, be approved, subject to public consultation; and

(2)     the Public Space Protection Orders relating to dog control across St Edmundsbury, be approved, subject to public consultation.