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1. The constitution gives to the Director,
Chief Executive’s Department the following delegated power:
(t)
‘To exercise all relevant powers under
the Anti-Social Behaviour, Crime and Policing Act 2014
2. Under the Anti-Social Behaviour Crime and
Policing Act 2014 (the Act) section 59 (1) (a) Public Space
Protection Order (PSPO) can only come into being if there is
evidence of the following two matters so that the local authority
can be satisfied on reasonable grounds that they have reached
the correct threshold:
(a) activities carried on in a public place
within the authority's area have had a detrimental effect on the
quality of life of those in the locality, or it is likely that
activities will be carried on in a public place within that area
and that they will have such an effect.
(b) the effect, or likely effect, of the
activities is, or is likely to be, of a persistent or continuing
nature and is, or is likely to be, such as to make the activities
unreasonable, and justifies the restrictions imposed by the
notice.
3. Under s64 (1) of the Act where a PSPO is
likely to restrict a public right of way over a highway the Council
must consider the likely effect of making the order on the
occupiers of premises adjoining or adjacent to the highway and the
likely effect of making the order on other persons in the locality
and in a case where the highway constitutes a through route, the
availability of a
reasonably convenient alternative route.
The Council has considered this in making the
Order and identified alternative routes.
Also under s64 (2) before making such an order
a local authority must—
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(a) notify potentially affected persons of the
proposed order,
(b) inform those persons how they can see a
copy of the proposed order
(c) notify those persons of the period within
which they may make representations about the
proposed order, and
(d) consider any representations made.
Potentially affected persons are defined as
occupiers of premises, adjacent to or adjoining the highway, and
any other persons in the locality who are likely to be affected by
the proposed order.
This requirement is in addition to the
consultation. Each person will have been notified by letter or
email, sent to every household that adjoins the highway affected
and were given the opportunity to make representations.
In order to restrict a highway using alley
gates, the council are required to seek a Public Space Protection
Order.
Further to consultation with ward members,
partners and residents it has been identified that the use of the
current Alley Gates within BwD is still required.
See Appendix F – Crime Statistics with
Alley Gate focus.
The schemes detailed in the order have gone
through a public consultation (which includes all residents who are
directly affected by the Alley Gates Near their property) with a
75% positive response rate from residents. Partner consultation has
also taken place in which we had received no formal representations
on the order. The Partner Consultation consists of the Police,
Police
Crime and Commissioner, BwD Local Councillors,
Lancashire Fire and Rescue Service, Highways Department,
Environment Department and Youth Justice Service.
 
The following are appended to this report:
Appendix A – Link to All Alley Gates
within BwD + Website Publish
Appendix B – Consultation Letter /
Email
Appendix C – Local Consultation
Responses
Appendix D – Email Consultation to
Statutory Partners
Appendix E – Draft PSPO
Appendix F – Crime Statistics with Alley
Gate Focus
Appendix G - Equality Impact Assessment
Duration of orders
It is proposed that the duration of the Order
should be the maximum three years as permitted by
section 60 subsection 1 of the Act