Agenda item

Report of Chief Operating Officer (Deputy Chief Executive)

Purpose of Report

The Banbury Public Spaces Protection Order (PSPO) will expire at the end of November 2019. It is possible to extend the PSPO for a further 3-year period before it expires. This report provides the background to the PSPO, an evaluation of its effectiveness and the outcomes of public consultation undertaken during the summer. It recommends renewing the PSPO with a variation in scope.

Recommendations

The meeting is recommended:

1.1           To approve the renewal of the Public Spaces Protection Order in Banbury Town Centre.

1.2           To agree that the prohibition on rough sleeping be removed from the Public Spaces Protection Order in Banbury Town Centre.

Resolved

(1)      That the renewal of the Public Spaces Protection Order in Banbury Town Centre be approved.

(2)      That the prohibition on rough sleeping be removed from the Public Spaces Protection Order in Banbury Town Centre be approved.

The Chief Operating Officer (Deputy Chief Executive) submitted a report regarding the Banbury Public Spaces Protection Order (PSPO) which would expire at the end of November 2019. It was possible to extend the PSPO for a further 3-year period before it expires. The report provided the background to the PSPO, an evaluation of its effectiveness and the outcomes of public consultation undertaken during the summer. It recommended renewing the PSPO with a variation in scope.

Resolved

(1)        That the renewal of the Public Spaces Protection Order in Banbury Town Centre be approved.

(2)        That the prohibition on rough sleeping be removed from the Public Spaces Protection Order in Banbury Town Centre be approved.

Reasons

The Executive is recommended to extend the PSPO. The consultation shows a reduction in the proportion of people perceiving the behaviours addressed by the Order to be a problem in the Town Centre and support for continuing with the protection against anti-social behaviour provided by the Order. The decline in the number of warnings and FPNs issued during the period the Order has been in place shows a reduction in the frequency that the Community Wardens and Police are required to take action to address problem behaviours. However, the data also show continuing need for enforcement actions (formal and informal) under the PSPO and continuing reports of alcohol related anti-social behaviour. Based on the evaluation there is a risk that these behaviours escalate should the PSPO cease.

In reaching a decision on whether to renew the Order it will be important to consider the necessity of continuing with the Order and the proportionality of the restrictions it contains. An Equality Impact Assessment has been prepared as part of the decision papers and is included in annex 4.

As stated above, some of the responses to the consultation request that the scope of the Order is widened. This cannot happen as part of the current renewal process since we are required to consult on any proposal to change the Order. As such, in consideration of the responses, it is proposed that we will collate the evidence relating to possible extension of the Order for further review by the Executive at a later date so that the Executive can decide whether a consultation should be commenced on extending the Order.

Including rough sleeping within the scope of any renewed Order is likely to attract criticism in the media. It may also lead to legal challenge if we seek to prosecute someone for breaching this aspect of the Order. The public consultation generally supported the continued inclusion of restrictions on rough sleeping in the Order. However, the need to do so could be questioned given the lack of enforcement action under the Order relating to rough sleeping and the strong emphasis in the Government guidance. This is supported by views from stakeholders suggesting that the focus should be on support provision and addressing underlying needs rather than enforcement action against those found to be rough sleeping. Connection Support’s response suggests that the provision of support is made harder by the PSPO, but it also suggests that removing rough sleeping from the Order could result in an increase in rough sleeping in the town centre.

Cherwell has good provision for the support of anyone rough sleeping but risks reputational damage if the renewed Order includes a further prohibition on rough sleeping. Therefore, it is recommended that the rough sleeping element is removed from the Order if it is renewed.

Alternative options

Option 1: Do nothing (not renew the Order).

This option is not preferred for two reasons. Firstly, the consultation on the potential renewal of the Order shows public support for it continuing and high levels of public perception that begging, street drinking and rough sleeping continue to be a problem in Banbury Town Centre. Secondly the evaluation of the Order shows that the enforcement options provided by the Order are still being utilised to address anti-social behaviour in the town centre. As such, allowing the Order to cease would be going against public opinion and is likely to result in increased problems of anti-social behaviour in the Town Centre.

Option 2: Renew the Order including the prohibition on rough sleeping.

This option is not preferred since Government Guidance produced since the Order was introduced states that PSPOs should not be used to tackle rough sleeping. In addition, the data on the use of the enforcement options provided by the PSPO shows that the Order is not being used to address rough sleeping in the Town Centre. Whilst the inclusion of rough sleeping in the Order may be a deterrent to rough sleeping in the Town Centre, our supportive approach to assisting rough sleepers provides options to address most rough sleeping problems in the Town Centre.

Option 3: Extend the Order to include new issues or behaviours.

This option is not legally possible at this time. We are required to consult on any increase in the scope of the Order. We have not carried out this consultation as part of the renewal process.