Agenda item

Report No: OAS/SE/19/005

The Committee considered the above report, which presented a proposal for an addition to the current conditions to the existing town centre Public Space Protection Order (PSPO) in relation to non-congregation of vehicles to reduce incidences of anti-social behaviour. Following a period of consultation, the proposal would be presented to the Joint Executive (Cabinet) Committee for approval.

Background to the existing PSPO and the proposal was outlined in Report No: OAS/SE/19/005. The following Appendices were attached to the report:

Appendix A: evidence to support the addition of a new condition

Appendix B: the draft PSPO Order

Appendix C: a map showing the restricted area

The proposed additional condition, which was subject to public consultation, is as follows:

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 between the hours of 6pm and 4am by performing any of the activities listed below:

a)   Using a motor vehicle to 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.

Members 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, officers stated that they would seek further advice from the Police and the Council’s legal team to ascertain the feasibility of and whether it was sufficiently proportionate to make the suggested changes detailed above.

Following the outcome and findings of the consultation, the finalised proposal would be presented as a recommendation from the Overview and Scrutiny Committee to the Joint Executive (Cabinet) Committee for consideration on 12 March 2019. 

A discussion was also held on the injunction that was presently going through the legal process in respect of the anti-social driving currently being experienced at Moreton Hall, Bury St Edmunds.

RESOLVED:

That the additional condition to the current Public Space Protection Order in respect of “non-congregation of vehicles in Bury St Edmunds town centre”, for the purposes of reducing anti-social behaviour, as set out in paragraph 3.4 of Report No: OAS/SE/19/005, be supported for going out to public consultation, subject to the suggested modifications set out in (i) to (iii) above, if following further discussions with the Police and the Council’s legal team, where appropriate, they are considered to be feasible and sufficiently proportionate.

(Note: Subsequent to the meeting, following officers’ discussions with the Police and the Council’s legal team, the proposed 6pm to 4am timeframe of operation would be removed (so the condition could be effective anytime) and reference to ‘racing’ would be added to (a) above. The consultation survey would reflect these changes. 

With reference to the request to include idling refrigerated lorries.  Advice from the legal team was that this was not appropriate for addition to this PSPO.  Any complaints regarding this matter should be directed to the Council’s Public Health and Housing team and/or Planning Enforcement should planning conditions be breached.)