Agenda item

Referring to minute 186 of 12 April 2016, to consider the responses to consultation and to approve the making of a Public Spaces Protection Order (PSPO) for Chichester City Centre.

RESOLVED

(1)  That a Public Spaces Protection Order be made relating to the behaviours and geographical area set out in appendices 2 and 3.

(2)  That the current delegation to the Head of Housing and Environment Services and the Head of Community Services be amended to authorise the use of all enforcement powers included in the Anti-Social Behaviour, Crime and Policing Act 2014, including the use of Community Protection Notices and Fixed Penalty Notices for breaches of a Public Spaces Protection Order.

Referring to minute 186 of 12 April 2016, the Cabinet considered the report and appendices circulated with the agenda (copies attached to the official minutes).

Mr Barrow introduced the report, reminding the Cabinet of their previous consideration of this matter. The proposed Public Spaces Protection Order (PSPO) that had been the subject of consultation had covered two behaviours, namely street drinking and illegal street trading, and the city centre area covered by the existing Designated Public Place Order (DPPO).

The results of the public consultation were set out in Appendix 1. Almost half of respondents had agreed that street drinking needed to be tackled. However, only 30% had agreed that illegal street trading needed to be tackled, with 52% disagreeing.

However, he was concerned that respondents may not have understood exactly what illegal street trading was. East Street and North Street were consent streets. This meant that markets and other licensed activities were legal. Licensed pedlars were also not trading illegally, provided that they conformed to the conditions of their licence, which required them to be on the move. Illegal street trading was a matter of concern to Chichester City Council, and members of the District Council had previously complained and sought more effective enforcement. It was also unfair on those who traded legally.

Mr Foord (Licensing Manager) reported that the consultation had generally implied that the extent of the PSPO should be the same as the existing DPPO. He explained that the sanction for breach of the PSPO was a fixed penalty of £100 or a level 3 fine (up to £1,000) on prosecution in a Magistrates Court. He explained how a PSPO would apply to illegal street trading. In reply to a question about burden of proof, he replied that the PSPO had been carefully drafted to reflect experience elsewhere, being very specific so that proof could be provided by photographic evidence and timing with a stop watch.

In debate, Cabinet members felt that illegal street trading should be covered in the proposed PSPO, as a control mechanism which could be used where appropriate, but it was not the Council’s intention that it should be applied in a heavy-handed way.

With the Chairman’s permission, Mr Plowman asked whether consideration could be given to including Henty Field within the area of the PSPO. He was advised that this would require further consultation and evidence. The PSPO would be reviewed in 2017, when the existing dog control orders needed to be replaced, and inclusion of Henty Field could be considered then.

RESOLVED

(1)  That a Public Spaces Protection Order be made relating to the behaviours and geographical area set out in appendices 2 and 3.

(2)  That the current delegation to the Head of Housing and Environment Services and the Head of Community Services be amended to authorise the use of all enforcement powers included in the Anti-Social Behaviour, Crime and Policing Act 2014, including the use of Community Protection Notices and Fixed Penalty Notices for breaches of a Public Spaces Protection Order.