Purpose

Cabinet considered
recommendations made by the Overview and Scrutiny Panel on 20
August 2024 when it called-in the decision of Cabinet made on 25
July 2024 in relation to the Public Spaces Protection
Order.

Decision

Cabinet took the decision to accept the
recommendations of the Overview and Scrutiny Panel and rescind its
decision of the 25th July 2024 in respect of the Public Spaces
Protection Order. Cabinet agreed that the necessary work should
commence immediately towards implementation of a further combined
PSPO for a period of three years.

Reasons for the decision

Cabinet carefully considered the
recommendations made by the Overview and Scrutiny Panel as well as
the legal comments in the report and confidential annex. Cabinet
noted the threat of judicial review and the costs associated with
such litigation. In view of these costs it took the view that the
PSPO in its current form should not be implemented but that work
should commence immediately toward the implementation of a further
PSPO to address the same behaviours the current PSPO sets out to
address but that this work should be carried out in close
consultation with the Council’s legal department so that the
order addresses any issues of concern.

Alternative options considered

Cabinet considered the alternatives which were
to agree with the recommendations of the Overview and Scrutiny
panel and decide to rescind the decision referred to in this
report. Alternatively, not to agree with the recommendations and in
this case its decision in respect of the PSPO made on the 25th July
2024 would remain intact. Cabinet noted that this would mean the
PSPO would go on to be implemented which would almost certainly
give rise to litigation by way of a Judicial Review.