Agenda item

To determine the policy around the future of the legacy alcohol related Public Space Protection Order.

Following consideration, the Committee unanimously resolved to:

(1)        Authorise the Head of Housing and Community to carry out a public consultation on behalf of the Council on the basis of the proposed Public Spaces Protection Order outlined in appendix 1 of the report and for results of this consultation to be considered at the next meeting of the Crime and Disorder Committee.

The Committee received a report to determine the policy around the future of the legacy alcohol related Public Space Protection Order (‘PSPO’).

The Committee considered the following matters:

a)            Proposed Prohibitions. In response to a query from a Member, the Public Protection Manager explained that the drafting of the prohibitions set out at section 5 of the proposed PSPO at Appendix 1 had in large part been informed by similar PSPOs elsewhere in the county.

b)            Focus of the Legacy PSPO. Following a question from a Member, the Borough Commander explained that the legacy PSPO, upon which the currently proposed PSPO was seeking to expand, focussed solely on anti-social behaviour (‘ASB’) with respect to the consumption of alcohol in public locations.

c)            Error in the Report. The Committee noted an error in the report at paragraph 7.2. The Public Protection Manager explained that the bullet points provided at paragraph 7.2 actually belonged at paragraph 7.1.

d)            Duration of PSPOs. In response to a query from a Member, the Public Protection Manager explained that PSPOs, in law, can last for a maximum of three years.

e)            Intention of Proposed PSPO. Following a question from a Member, the Borough Commander confirmed that a number of the proposed PSPO prohibitions were already considered to be offences under law, such as under the Public Order Act. She explained that the intention behind the PSPO was to enable a low-level intervention option to prevent cases of ASB escalating towards arrests being made.

f)             Police Discretion. A Member enquired about how Police Officers determine when cases of ASB warrant low-level intervention versus a need to make an arrest. The Borough Commander stated that Police Officers are trained in appropriate use of enforcement and exercise discretion on a daily basis. She stated that every case of ASB is assessed individually to determine an appropriate response - she explained that in cases where a low-level intervention approach is not appropriate or does not work, escalation to an arrest may become necessary.

g)            Epsom Square. In response to comments from a Member, the Borough Commander stated that enforcement data highlighted that Epsom Square was a hotspot for ASB. She stated that, through collaboration with agencies and partnerships, work was ongoing to reduce and prevent ASB in that area. She explained that Epsom Square was included within Operation Chariot – a Home Office funded initiative to increase Police patrols and presence in the area.

h)            Reporting of Incidents. The Borough Commander stated that initiatives such as Operation Chariot are instigated, and made effective, by ASB data. She highlighted the importance of incidents of ASB being reported in order to gather data and to provide a clear picture of where ASB is prevalent and the types of ASB being perpetrated.

i)             CCTV. In response to a query from a Member, the Borough Commander confirmed that areas of Epsom & Ewell Borough have 24hr CCTV coverage and that the CCTV footage is monitored by trained operators following incidents and as part of ongoing investigations.

j)             Equality Considerations. The Committee noted the list of consultation methods listed at section 4 of the report and considered the importance of consulting a wide variety of demographics and reaching people from seldom heard groups.

k)            Reporting PSPO Usage. In response to a question from a Member, the Borough Commander explained that it would be the responsibility of the Council, as the owner of the PSPO, to record and publish data in relation to use of the PSPO. She explained that the Police routinely refer to Councils’ PSPO data to ascertain information such as the number of times a PSPO has been used per annum, and how many times use of a PSPO lead to an arrest.

l)             Proposed PSPO Boundary and Displacement. A Member enquired about the reasoning behind the borough-wide boundary for the proposed PSPO. The Borough Commander stated that Epsom & Ewell Borough is well connected and easy to navigate via its systems of alleyways, particularly by bike. She stated that historical enforcement data of dispersal from open spaces for ASB demonstrates that displacement occurs readily and easily, resulting in ASB often relocating from one space to another. She stated that by setting the boundary of the proposed PSPO borough-wide, it would ensure a greater effectiveness and longevity of the proposed PSPO by addressing the issue of displacement, which was of particular importance considering that the proposed PSPO would be covering a wider range of behaviours beyond alcohol consumption.

Following consideration, the Committee unanimously resolved to:

(1)      Authorise the Head of Housing and Community to carry out a public consultation on behalf of the Council on the basis of the proposed Public Spaces Protection Order outlined in appendix 1 of the report and for results of this consultation to be considered at the next meeting of the Crime and Disorder Committee.