Agenda item - Recommendations of St Edmundsbury's Overview and Scrutiny Committee: 9 January 2019 - Public Space Protection Order, Bury St Edmunds - Addition of Condition (Report No: CAB/JT/19/012)

Report No: CAB/JT/19/012

Portfolio Holder: SEBC Cllr Robert Everitt

Lead Officers: Davina Howes and Helen Lindfield

RESOLVED:

That:

(1) the addition of a new condition to the existing Public Space Protection Order (PSPO) for Bury St Edmunds town centre, the relevant restricted area of which as shown in Appendix C to Report No: OAS/SE/19/005, be approved, as set out below:

No persons shall, within the restricted area:

Gather in groups of two or more motor vehicles for purposes other than simply parking which will cause or is likely to cause harassment, alarm and distress to others by performing any of the activities listed below:

(a) Using a motor vehicle to race or perform stunts.

(b) Repeatedly sounding horns and/or revving engines (as to cause a public nuisance).

(c) Playing music excessively loud (as to cause a public nuisance).

(d) Using foul or abusive language.

(e) Using threatening, intimidating behaviour towards another person.

(f) Causing obstruction on a public highway, or a publicly accessible space, whether moving or stationary.

(2) For clarification purposes, it be noted that the above additional condition to the PSPO will be operational for 24 hours a day.

The Joint Committee considered this report, which sought approval for the recommendations emanating from SEBC’s Overview and Scrutiny Committee in respect of adding a new condition to the existing Public Space Protection Order (PSPO) for Bury St Edmunds town centre.

Councillor Diane Hind, Chairman of SEBC’s Overview and Scrutiny Committee was invited to speak and explained that on 9 January 2019, the Overview and Scrutiny Committee had considered Report No: OAS/SE/19/005, ‘Public Space Protection Order, Bury St Edmunds – Addition of Condition’. At that meeting, Members had considered the report in detail and made the following suggestions for further investigation and, as appropriate, for them to form part of the consultation:

(i) the proposal was for the additional condition to be operational between the hours of 6.00pm and 4.00am, which was based upon hours recommended by the Police as it was between these times that incidences previously reported were most prevalent. However, it was requested whether the additional condition should be operational for 24 hours a day;

(ii) in respect of part (a) of the proposed additional condition ‘Using a motor vehicle to perform stunts’, whether the word ‘stunts’ included the racing or sprinting of vehicles within this term or whether ‘racing and / or sprinting’ needed to be specifically included within this activity; and

(iii) in respect of part (b) of the proposed additional condition ‘Repeatedly sounding horns and /or revving engines (as to cause public nuisance)’, whether the words ‘…./idling engines and associated equipment’ could be added to this activity, which was suggested following a discussion about apparently noisy refrigeration lorries idling in the early hours of the morning in the road in between the car parks at School Yard East and School Yard West.

In response to the above suggestions, the officers had sought further advice following the Overview and Scrutiny Committee meeting from the Council’s legal team to ascertain the feasibility of and whether it was sufficiently proportionate to make the suggested changes detailed above. Whilst (i) and (ii) above were taken forward and formed part of the consultation, following advice received from the Council’s legal team, (iii) above could not be included in the additional condition as any nuisance potentially caused by this activity is covered under separate Environmental Health and Planning regulations. This advice was provided following the Committee meeting and the Chairman was informed. The Chairman had subsequently notified the Members of the Committee of the advice that it was not appropriate to include the additional condition (iii) in the consultation.

The proposed additional condition to the PSPO for Bury St Edmunds town centre, as amended following consideration by the Committee and advice received from the Police and the Council’s legal team, was set out in paragraph 1.1.5 of the report (and as contained in the resolution below.)

The above proposal was subject to public consultation from 16 January to 13 February 2019. A summary of the consultation results and statistics received was attached as Appendix 1 to this report. The results, which had not been reviewed by the Overview and Scrutiny Committee, had been very positive with 93.75% of the 33 respondents agreeing with the proposal.

Councillor Hind also made reference to proposed action for the handling of idling vehicles in general, and appropriate action that could be taken to tackle anti-social driving currently being experienced at Moreton Hall.

Councillor Robert Everitt, SEBC’s Portfolio Holder for Families and Communities, thanked Councillor Hind for the diligent work of her Committee regarding bringing this proposal forward for approval. If approved, the PSPO, with this additional condition, would be enforced by the Police, appropriate Council Officers and Police Community Support Officers and action taken against the alleged perpetrators, as appropriate.

Councillor Joanna Rayner, one of the Ward Members for Abbeygate Ward in Bury St Edmunds, also expressed her thanks to the Overview and Scrutiny Committee; to the residents in her ward that had sought action to tackle the problem; and to those that had responded to the consultation.