Decision

RESOLVED:

To approve the consultation exercise to be undertaken in relation to renewing the existing Public Spaces Protection Order in relation to alcohol control, which would place controls on alcohol related anti-social behaviour.

That the Order be made under Section 59 of the Anti-Social Behaviour Crime and Policing Act 2014 and would last for a period of three years.

REASON(S) FOR DECISION

A PSPO is a tool to ensure the law-abiding majority can use and enjoy public spaces safe from activities which have a detrimental effect on the quality of their life in that area. The proposed PSPO should ensure that Hackney has an effective response to ASB in the areas covered by the PSPO.

PSPOs are intended to be used to deal with a particular nuisance or problem in an area that is detrimental to the local community’s quality of life by putting in place conditions on the use of that area that apply to everyone. They are designed to ensure people can use and enjoy public spaces safe from activities which have the requisite detrimental impact.

Councils can make a PSPO after consultation with the Police and other relevant bodies and communities. The legislation sets out a two-pronged test of which a Local Authority has to be satisfied on reasonable grounds before a PSPO can be made. These conditions are as follows:

(1) That the activities carried out in a public place have had a detrimental effect on the quality of life of those in the locality; or that it is likely that they will have such an effect.

(2) That the effect or the likely effect of the activities:

? Is (or is likely to be) persistent or continuous.

? Is (or is likely to be) unreasonable.

? Justifies the restriction imposed by the notice.

A PSPO must identify the public place in question and can:

(a) prohibit specified things being done in that public place

(b) require specified things to be done by persons carrying on specified

activities in that place; or

(c) do both of those things.

The only prohibitions or requirements that may be imposed are ones that are

reasonable to impose in order to prevent or reduce the risk of the detrimental

effect continuing, occurring or recurring.

Prohibitions may apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories.

The PSPO may specify the times at which it applies and the circumstances

in which it applies or does not apply.

Unless extended, the PSPO may not have effect for more than 3 years.

Breach of a PSPO without reasonable excuse is a criminal offence. The Police or a person authorised by the Council can issue fixed penalty notices, the amount of which may not be more than £100. A person can also be prosecuted for breach of a PSPO and, on conviction, the Magistrates’ Court can impose a fine not exceeding level 3 on the standard scale (currently £1,000).

In deciding to make a PSPO the Council must have particular regard to Article 10 (Right of Freedom of Expression) and Article 11 (Right of Freedom of Assembly) of the European Convention on Human Rights (‘ECHR’).

The Council must also carry out the necessary prior consultation, notification and publicity as prescribed by s.72 of the Anti Social Behaviour Crime and Policing Act 2014 (the 2014 Act).

In preparing this report Officers have had regard to the statutory guidance issued by the Home Office and the Guidance on PSPOs issued by the Local Government Association.

DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

Not having a PSPO in place regarding alcohol control will have a detrimental impact on the Community Safety and Enforcement Officers in dealing with ASB associated with the consumption of alcohol across the borough through other means.

An options analysis will be undertaken before any decision to implement a PSPO. Cabinet will need to decide whether or not to renew the PSPO once the outcomes of the consultation are known and have been analysed.

Not renewing the PSPO would be contrary to the need for the PSPO and public support for the PSPO. It is also likely to result in the re-occurrence of the activities that are detrimental to the quality of life of people who live, visit or work in the borough that have been prevented through the enforcement of the PSPO.