Agenda item

As detailed in the recommendations, with a third recommendation being added as outlined below:

(3)       That representations be made to UK Government through the Local Government Association and professional networks requesting that the Anti-Social Behaviour, Crime and Policing Act 2014 be amended to extend the interval at which PSPOs must be renewed to 5 years.

Councillor Thomas introduced the report on the review of Public Space Protection Orders (PSPO’s).  PSPO’s can last for a maximum of three years before a review was required.  The Council’s Orders were now due for review, or would expire on 19^th October 2020.    To extend a PSPO the Council must firstly undertake a public consultation and notification exercise in accordance with the Act, as if it were making a new order.

            The Chief Officer (Streetscene and Transportation) explained that under the provisions of the Act, Flintshire’s Alcohol Designated Public Place Order transitioned automatically into a PSPO.  This order would give Police Officers the power to ask members of the public to surrender alcohol if a member of the public were believed to be causing a nuisance in a public place.  It was not a total alcohol ban in public areas, and it was not applicable to licensed premises, but encouragement of sensible drinking.  That Order also needed to be reviewed.

            Since the implementation of the dog control PSPO, over 1,100 dog walkers had been approached and provided with information and advice on the prohibitions of the Order.  A total of three Fixed Penalty Notices (FPN’s) had been issued for dog fouling and 45 for dogs entering the boundaries of marked sports pitches. 

            Consultation was proposed to take place through two online surveys, one for each PSPO, asking for residents and statutory consultees’ views on the PSPO’s to be extended and whether the requirements of the order were proportionate.  They would be on the Council’s website for a period of five weeks throughout August 2020 and the first week in September 2020.  The consultation responses would be considered by the Council before a decision was made on final PSPO’s.

            An interactive map would be made available online with colour coding of each land category showing which restriction was in force at which location, including relevant land adopted by the local authority since the Order was made in 2017, along with a document explaining frequently asked questions.  With regard to the Dog Control PSPO consultation, it was proposed to write to the following outlining the proposal to extend the PSPO and where they were able to take part:

• Elected Members
• School head teachers
• Town and Community Councils
• Bowling club secretaries
• Lease holders of affected land, i.e. sports clubs
• Charities and organisations such as the RSPCA and Kennel Club
• North Wales Police and the Police and Crime Commissioner
• Any other appropriate community representatives

Councillor Thomas explained that the report had recently been considered at Environment Overview and Scrutiny Committee where they proposed an additional recommendation be put to Cabinet “that representations be made through the Welsh Local Government Association (WLGA) and Association of Public Service Excellence (APSE) that PSPO’s be extended to last five years”.  The Chief Officer (Governance) suggested alternative wording of “That representations be made to UK Government through the Local Government Association and professional networks requesting that the Anti-Social Behaviour Crime and Policing Act 2014 be amended to extend the interval at which PSPO’s must be renewed to 5 years” which was supported.  Councillor Thomas said she would feed back to the Overview and Scrutiny Committee the agreed wording to the additional recommendation.

Other feedback from Environment Overview and Scrutiny Committee included: armed forces veterans to be included in the consultation; appropriate signage on posts; and dogs to be exercised on the periphery of pitches and on leads at all times.

 In response to a comment from the Overview and Scrutiny Committee on a PSPO to deal with drug taking, the Chief Officer (Streetscene and Transportation) explained that the Police did not see the benefit to this as the Police already had the power to deal with drug taking and such activity would be dealt with as a criminal activity.  He would write to the Overview and Scrutiny Committee to advise them of the response from the Police.  The report would be submitted to Cabinet in September, outlining the outcome of the consultation, in preparation for the new Order to begin in October.

RESOLVED:

(a)       That consultation with the required statutory consultees and members of the public with the purpose of gaining views to extend the two current PSPO’s in Flintshire for a period of three years be approved;

(b)       That the consultation methods proposed to gain views on extending the two current PSPO’s in Flintshire for a period of three years be approved; and

(c)        That representations be made to UK Government through the Local Government Association and professional networks requesting that the Anti-Social Behaviour Crime and Policing Act 2014 be amended to extend the interval at which PSPO’s must be renewed to 5 years.