Decision details

Replacement of 2 Designated Public Place Orders (DPPO) with Public Space Protection Orders (PSPO)

Decision Maker: Cabinet Member - Community Services

Decision status: Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

Anti-Social Behaviour, Crime and Policing Act 2014 replaces Designated Public Protection Orders with Public Space Protection Order (PSPO)  which will otherwise automatically expire in October 2017.

Decision:

The Cabinet Member agrees that

 

1.  A 12-week consultation take place to gain views as to whether or not to extend the DPPO for the City of Bath as a PSPO, based on-

 

(1)  The proposed draft Order as set out in Appendix 1 and

(2)  The draft consultation questions set out at Appendix 2.

 

2.  A 12-week consultation period take place to gain views as to whether or not to extend the DPPO for Midsomer Norton as a PSPO, based on- 

 

(1)  The proposed draft Order as set out in Appendix 3, with a revised Schedule (taking into account comments made by Midsomer Norton Town Council), now to include within the proposed map boundary the new Town Park and Midsomer Norton Recreation Ground areas.

(2)  The draft consultation questions set out at Appendix 4.

Reasons for the decision:

This begins the process of consultation required in accordance with the Act, which could allow for the extension of the DPPOs as PSPOs in time to ensure continuity of enforcement powers with regard to consumption of alcohol in public places, in the light of legislative changes. It also ensures that local views are sought to inform a decision by Council on this matter.

 

Specifically,  the decision involves the extension of the proposed area for the Midsomer Norton PSPO consultation (as set out in the report) to now include within the map boundary in the draft schedule the areas of the new Town Park and Midsomer Norton Recreation Ground. This follows a letter received during the Stage 4 consultation period from Midsomer Norton Town Council which fully supports the overall consultation as set out in the report, but which proposed an extension to the proposed boundaries of the Midsomer Norton PSPO to include these two areas. The Cabinet Member has considered this response and has agreed to reflect the views of Midsomer Norton Town Council in this matter. In doing so he has taken into account that the Town Council have identified that both areas border the current DPPO area. In addition, the proposal will of course need to be fully tested in the consultation process along with all the other areas proposed to be included within the PSPOs. As such it will be required to meet the statutory tests.

Alternative options considered:

Take no action

This option would mean that the existing DPPOs would not be replaced by PSPOs in October 2017, and they would lapse. This would result in reduced enforcement powers for Avon and Somerset Police.

 

Extend the scope of the PSPOs to include new activities and/or wholly new geographical areas.

This is not included in the current proposed consultation. Any proposals along these lines that arise from the consultation will be considered on their merits

 

The request from Midsomer Norton Town Council to propose consultation on slightly extended boundaries when compared to the current DPPO boundary is considered to be reasonable to include for consultation at this stage, as it relates to areas immediately adjacent to the current DPPO area and not a wholly new geographical area.

Publication date: 11/04/2017

Date of decision: 10/04/2017

Effective from: 21/04/2017

Accompanying Documents: