Issue - meetings


Public Space Protection Order and Closure Order

Meeting: 04/07/2016 - Executive (Item 25)

25 Banbury Town Centre Public Spaces Protection Order pdf icon PDF 251 KB

Report of Public Protection Manager

 

Purpose of report

 

To propose the making of a Public Space Protection Order (PSPO) in Banbury Town centre to prevent the detrimental effect of begging, drinking and sleeping rough on those who reside, work and visit the town centre.

 

Recommendations

 

The meeting is recommended:

 

 1.1        To approve the outline proposal for a Public Space Protection Order as laid out in Appendix 1.

 

1.2         To approve the commencement of a five week consultation process.

 

Additional documents:

Decision:

Resolved

 

(1)          That the outline proposal for a Public Space Protection Order (annex to the Minutes as set out in the Minute Book) be approved.

 

(2)          That the commencement of a five week consultation process be approved.

 

Minutes:

The Public Protection Manager submitted a report to propose the making of a Public Space Protection Order (PSPO) in Banbury Town centre to prevent the detrimental effect of begging, drinking and sleeping rough on those who reside, work and visit the town centre.

 

Resolved

 

(1)          That the outline proposal for a Public Space Protection Order (annex to the Minutes as set out in the Minute Book) be approved.

 

(2)          That the commencement of a five week consultation process be approved.

 

Reasons

 

The evidence required to satisfy section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (the “Act”) as far as begging, drinking and rough sleeping are concerned, is sufficient to approve a consultation process for a PSPO.

 

If the Executive is minded to approve the outline proposals, the next step is to approve the commencement of the consultation within the parameters of section 72 of the same Act. 

 

Alternative options

 

Option 1: Without a PSPO the local authority will continue to work with the police, within current legislation. The current legislation dates to the 1824 Vagrancy Act, to enforce the police officer has to witness the act of begging and hear the words of request. This naturally is something the offenders are aware of and resist from doing when being observed.

 

The Council does not have any authority to prosecute begging, or enforce drink related disorderly behaviour. With regard to drinking this report has previously alluded to the fact that a drink banning order is limited to irresponsible drinking only, it is not a ban therefore the police will only react to problematic or disorderly drinkers.  In choosing to continue within current legislation, this will be a missed opportunity to address what appears to be an escalating activity