Decision details

Proposed Public Space Protection Order to restrict alcohol consumption in public spaces in Midsomer Norton

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

This report invites the Cabinet to determine whether, and if so in what way, to continue DPPO restrictions on street drinking in Midsomer Norton  as a PSPO, following a consultation as required by new legislation.

Decision:

RESOLVED (unanimously) that the Cabinet agreed to:

 

1)  Consider the outcomes of the consultation on the Public Space Protection Order to restrict street drinking in Midsomer Norton, as set out in Appendix 1

2)  Consider the legal criteria for adopting a PSPO, as set out in Paragraph 4 of this report, and particularly the test set out in paragraph 4.1

3)  In the light of 2.1. and 2.2  above make the Midsomer Norton Order as set out in Appendix 2 of the report

4)  Request the Head of Legal Services  or an authorised signatory on her behalf to sign and seal the Midsomer Norton Order

5)  Request the Divisional Director for Strategy and Performance to undertake further work to update signage and other publicity relating to any agreed Order and ensure the impact of the PSPO is kept under review

6)  Request the Community Safety Partnership to receive regular monitoring reports on the impact of the PSPO, including equalities impacts and updates on support available for people with alcohol problems including street drinkers

7)  Thank those who were involved in the consultation process, and in particular Midsomer Norton Town Council, and publicise the outcomes of the consultation

8)  Undertake consultation under Section 72 of the Anti-social Behaviour Crime and Policing Act 2014 on extending the PSPO recommended in 2.3 to the areas identified in paragraph 5.11, and prepare a report to Cabinet with recommendations following this consultation.

 

Reasons for the decision:

The outcomes of the consultation broadly support the continuation of restrictions on street drinking in the areas as set out, (and with the addition of the areas specified), but also reflect concern that the powers used must be to be proportionate and used to address to alcohol consumption which causes, or is likely to cause, harassment, alarm or distress. This is reflected in the recommendation and allows Avon and Somerset Police to have continuity of enforcement powers with regard to street drinking. The report sets out how the recommendations meet the legal tests required and recommends that consultation take place on suggested additions to the PSPO restricted area.

Alternative options considered:

As per report.

Report author: Andy Thomas

Publication date: 11/10/2017

Date of decision: 11/10/2017

Decided at meeting: 11/10/2017 - Cabinet

Effective from: 19/10/2017

Accompanying Documents: