Purpose

Portfolio Holder decision to renew the existing Public Space Protection Order.

Decision

That the Public Space Protection Order (PSPO) made in October 2020, relating to Alley Gating, and the Dog Fouling and Dog Control public spaces protection orders, for the Borough made in November 2017 and for Carrs Park, Wilmslow made in October 2020 be extended as detailed in the reports recommendations.

Reasons for the decision

By virtue of the provisions of the Anti-social Behaviour Police and Crime Act 2014, (S 75) within 3 years of the commencement of the PSPO all existing PSPO’s have to be renewed within the 3 year lifetime, in accordance with s.60 of the Act. A PSPO cannot have effect for more than 3 years, unless extended under s.60 (2).

Section 60 of the Act permits a local authority to extend a PSPO where it is satisfied on reasonable grounds that doing so is necessary to prevent an occurrence or recurrence of the activities identified in the Order. Any extension must be agreed before the expiry of the previous Order.

Alternative options considered

Option

Impact

Risk

Do nothing – do not extend / allow the existing Order to lapse – no replacement

The existing PSPO is no longer valid and enforcement action can’t be taken

Increase in dog fouling and related anti-social behaviour with no recourse to control.

Increase in complaints and correspondence as a result leading to additional draw on limited staff resource.

Increase in anti-social behaviour with no recourse to control.

Increase in complaints and correspondence as a result leading to additional draw on limited staff resource.

Do Something - do not extend / allow the existing Order to lapse – new Order with different scope

The existing PSPO is no longer valid and enforcement action can’t be taken.

New Order needs to be put in place, significant resource consideration drawing staff resource away from day-to-day enforcement activities

As ‘Do Nothing’ but on a temporary basis.

Increased scope of Order is unlikely to be enforceable from an existing staffing resource perspective.

Likely to raise expectations which would need to be carefully managed