Agenda item

RESOLVED:

That Cabinet approved undertaking a consultation exercise in relation to the making of a Public Spaces Protection Order which would place controls on  ASB caused by groups of people gathering, bringing generators, lighting, sound systems and decorations in Wick Woodland, Hackney Marshes and surrounding areas, often consuming alcohol and other substances and ‘partying’ till the early hours. These acts cause nuisance and damage to the proposed prescribed areas.  A copy of the proposed Order is attached to the report as Appendix 1.

REASONS FOR DECISION

A PSPO is a tool to ensure the law-abiding majority can use and enjoy public spaces safe from activities which have a detrimental effect on the quality of their life in that area. The proposed PSPO should ensure that Hackney has an effective response to ASB in the areas covered by the PSPO.

PSPOs are intended to be used to deal with a particular nuisance or problem in an area that is detrimental to the local community’s quality of life by putting in place conditions on the use of that area that apply to everyone. They are designed to ensure people can use and enjoy public spaces safe from activities which have the requisite detrimental impact.

Councils can make a PSPO after consultation with the Police and other relevant bodies and communities. The legislation sets out a two-pronged test of which a Local Authority has to be satisfied on reasonable grounds before a PSPO can be made. These conditions are as follows:

That the activities carried out in a public place have had a detrimental effect on the quality of life of those in the locality; or that it is likely that they will have such an effect.

That the effect or the likely effect of the activities:

Is (or is likely to be) persistent or continuous.

Is (or is likely to be) unreasonable.

Justifies the restriction imposed by the notice.

A PSPO must identify the public place in question and can:

(a)   prohibit specified things being done in that public place

(b)   require specified things to be done by persons carrying on specified activities in that place; or

(c)   do both of those things.

The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order to prevent or reduce the risk of the detrimental effect continuing, occurring or recurring. Prohibitions may apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories. The PSPO may specify the times at which it applies and the circumstances in which it applies or does not apply. Unless extended, the PSPO may not have effect for more than 3 years.

 Breach of a PSPO without reasonable excuse is a criminal offence. The Police or a person authorised by the Council can issue fixed penalty notices, the amount of which may not be more than £100. A person can also be prosecuted for breach of a PSPO and on conviction the Magistrates’ Court can impose a fine not exceeding level 3 on the standard scale (currently £1000).

 In deciding to make a PSPO the Council must have particular regard to Article 10 (Right of Freedom of Expression) and Article 11 (Right of Freedom of Assembly) of the European Convention on Human Rights (‘ECHR’). The Council must also carry out the necessary prior consultation, notification and publicity as prescribed by s.72 of the 2014 Act. In preparing this report Officers have had regard to the statutory guidance issued by the Home Office and the Guidance on PSPOs issued by the Local Government Association.

Councillor Fajana-Thomas introduced the report to Cabinet.

RESOLVED:

That Cabinet approved undertaking a consultation exercise in relation to the making of a Public Spaces Protection Order which would place controls on  ASB caused by groups of people gathering, bringing generators, lighting, sound systems and decorations in Wick Woodland, Hackney Marshes and surrounding areas, often consuming alcohol and other substances and ‘partying’ till the early hours. These acts cause nuisance and damage to the proposed prescribed areas.  A copy of the proposed Order is attached to the report as Appendix 1.

REASONS FOR DECISION

A PSPO is a tool to ensure the law-abiding majority can use and enjoy public spaces safe from activities which have a detrimental effect on the quality of their life in that area. The proposed PSPO should ensure that Hackney has an effective response to ASB in the areas covered by the PSPO.

PSPOs are intended to be used to deal with a particular nuisance or problem in an area that is detrimental to the local community’s quality of life by putting in place conditions on the use of that area that apply to everyone. They are designed to ensure people can use and enjoy public spaces safe from activities which have the requisite detrimental impact.

Councils can make a PSPO after consultation with the Police and other relevant bodies and communities. The legislation sets out a two-pronged test of which a Local Authority has to be satisfied on reasonable grounds before a PSPO can be made. These conditions are as follows:

That the activities carried out in a public place have had a detrimental effect on the quality of life of those in the locality; or that it is likely that they will have such an effect.

That the effect or the likely effect of the activities:

Is (or is likely to be) persistent or continuous.

Is (or is likely to be) unreasonable.

Justifies the restriction imposed by the notice.

A PSPO must identify the public place in question and can:

(a)   prohibit specified things being done in that public place

(b)   require specified things to be done by persons carrying on specified activities in that place; or

(c)   do both of those things.

The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order to prevent or reduce the risk of the detrimental effect continuing, occurring or recurring. Prohibitions may apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories. The PSPO may specify the times at which it applies and the circumstances in which it applies or does not apply. Unless extended, the PSPO may not have effect for more than 3 years.

 Breach of a PSPO without reasonable excuse is a criminal offence. The Police or a person authorised by the Council can issue fixed penalty notices, the amount of which may not be more than £100. A person can also be prosecuted for breach of a PSPO and on conviction the Magistrates’ Court can impose a fine not exceeding level 3 on the standard scale (currently £1000).

 In deciding to make a PSPO the Council must have particular regard to Article 10 (Right of Freedom of Expression) and Article 11 (Right of Freedom of Assembly) of the European Convention on Human Rights (‘ECHR’). The Council must also carry out the necessary prior consultation, notification and publicity as prescribed by s.72 of the 2014 Act. In preparing this report Officers have had regard to the statutory guidance issued by the Home Office and the Guidance on PSPOs issued by the Local Government Association.