Issue - meetings

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 making of a Public Space Protection Order in Banbury Town Centre (Appendix 1).

1.2      To delegate authority to the Public Protection Manager to take all necessary steps to enforce the Public Space Protection Order in Banbury including the necessary authorisation of individual officers to issue fixed penalty notices.

Resolved

(1)          That the making of a Public Spaces Protection Order in Banbury Town Centre (Annex to the Minutes as set out in the Minute Book) be approved.

(2)          That authority be delegated to the Public Protection Manager to take all necessary steps to enforce the Public Spaces Protection Order in Banbury including the necessary authorisation of individual officers to issue fixed penalty notices.

The Public Protection Manager submitted a report to propose the making of a Public Spaces 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 making of a Public Spaces Protection Order in Banbury Town Centre (Annex to the Minutes as set out in the Minute Book) be approved.

(2)          That authority be delegated to the Public Protection Manager to take all necessary steps to enforce the Public Spaces Protection Order in Banbury including the necessary authorisation of individual officers to issue fixed penalty notices.

Reasons

The evidence from the consultation supports the proposal for making the PSPO.

The inclusion of the Fixed Penalty Notice provisions is in line with the Council’s Enforcement Policy and the Regulators Code. A Fixed Penalty Notice provides for an additional sanction as part of a stepped approach to enforcement and is a proportionate, cost effective means of seeking to ensure compliance with the Order.

Alternative options

Option 1: Not to confirm the PSPO which will mean that without a PSPO, the local authority will continue to work with the police, within current legislation.

Reasons for rejection: The current legislation dates to the 1824 Vagrancy Act, and is only enforceable by a police officer. 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. As it is not a ban 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