Issue - meetings

The current Designated Public Place Order (DPPO) which restricts street drinking in Bath is due to expire in October 2017. This is as a result of the introduction of Public Space Protection Orders (PSPOs) under the Anti-social Behaviour Crime and Policing Act 2014 (“the Act”). This report invites the Cabinet to determine whether, and if so in what way, to continue restrictions on street drinking in this area as a PSPO, following a consultation as required by the legislation.

Councillor Paul Crossley welcomed the Public Space Protection Orders for Bath and Midsomer Norton and highlighted importance of using these Orders with common sense.

Councillor Bob Goodman said that the Anti-social Behaviour, Crime and Policing Act 2014 had made a number of changes to the law on anti-social behaviour. A key change was the introduction of Public Space Protection Orders (PSPOs) to replace Designated Public Place Orders.

Statutory Guidance had stated that PSPOs were intended to deal with a particular nuisance or problem in an area that was detrimental to the local community’s qualify of life, by imposing conditions on the use of that area which would apply to everyone.  Under the transitional arrangements for the Act, the existing DPPOs would continue to be valid for a period of three years and were treated as if they are PSPOs.  However, they would lapse on October 20th 2017 unless extended as PSPOs under the Act.  A PSPO could be made where the Council was satisfied that the legal test was met.  Councillor Goodman concluded by saying that residents had supported introduction of PSPOs.

Councillor Bob Goodman moved the recommendations.

Councillor Mark Shelford seconded the motion.

RESOLVED (unanimously) that the Cabinet agreed to:

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

2)  Consider the legal criteria for adopting PSPOs, 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 Bath City 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 Bath City Order

5)  Request the Divisional Director for Strategy and Performance to undertake further work to update signage and other statutory publicity relating to any agreed Order and ensure the impact of the PSPOs 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 and treatment available for people who misuse alcohol including street drinkers

7)  Thank those who were involved in the consultation process and publicise the outcomes of the consultation.

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