Agenda item

Agenda item

Alcohol and Dog Control Public Spaces Protection Orders

The Head of Regulatory Services and Community Safety has submitted a report to seek Cabinet approval for the implementation of the draft Dog Control Public Spaces Protection Order and the Alcohol Disorder Public Spaces Protection Order.

Recommendations:That Cabinet resolves to:

1.    Approve the implementation of a Dog Control Public Spaces Protection Order as set out in Appendix 1; and

2.    Approve the implementation of an Alcohol Control Public Spaces Protection Order as set out in Appendix 2.

 

Minutes:

The Head of Regulatory Services and Community Safety had submitted a report to seek Cabinet approval for the implementation of the draft Dog Control Public Spaces Protection Order and the Alcohol Disorder Public Spaces Protection Order (PSPOs).

Cllr Louise Upton, Cabinet Member for Safer Healthy Oxford, introduced the report. The current PSPOs were due to expire later in the month having been in place for three years. PSPOs gave an authority the power to determine that a particular activity was illegal. This was a serious matter and before their introduction or renewal  a number of tests had to have been met. It was necessary to demonstrate that an activity was persistent or continuing and that it was unreasonable. Evidence had been gathered from a public consultation, the police and officers.  The main change from the current PSPOs was that the proposed alcohol PSPO would no longer cover the whole City but be limited to areas where there was documentary evidence of a problem. The alcohol PSPO was recognised to have been a very useful tool, allowing officers and the police to engage with people being anti-social, confiscating alcohol if necessary but without ever having recourse to fines or prosecution. Having been able to address anti-social behaviour without criminalising those concerned (many of whom were vulnerable) should be regarded as a great success. The Council had a range of measures to deal with anti-social behaviour which started from the principle of low level engagement and dialogue but PSPOs were an important tool in the face of persistent and unreasonable behaviour.

 

It was noted that the police had been making good use of the current alcohol PSPO in relation to the  current Covid secure environment.

 

Cabinet expressed some concern about the reduction in scope of the current alcohol PSPO, particularly in relation to parks and open spaces where fires and barbeques, for example, often caused a public nuisance and where alcohol was often a feature.  In response it was noted that the revised PSPO still included those parks and spaces for which there was evidence of a need on the basis of information provided by the parks and green spaces team and the police.

 

The Community Safety Manager said the Constitution now gave authority to an Executive Director, in consultation with the Cabinet Member with responsibility for community safety, to introduce a new PSPO within a Ward if the need arose (subject to the usual consultation and evidence tests). For such a small scale PSPO the process could be relatively swift.  Furthermore, extension of the PSPO before Cabinet could probably be introduced relatively swiftly if a need was demonstrated and on the basis of the information collected for the current review with the proviso that it was not too long after the original consultation and evidence gathering.  

 

The Chair asked that all Councillors be provided with information about options for addressing and how to report anti-social behaviour in their Wards.  Consideration should also be given to the need for measures which might be needed to address other anti-social behaviours in parks and open spaces such as barbeques and fires which have public safety and environmental implications.

 

Cabinet resolved to:

1.    Approve the implementation of a Dog Control Public Spaces Protection Order as set out in Appendix 1; and

2.    Approve the implementation of an Alcohol Control Public Spaces Protection Order as set out in Appendix 2.

 

Supporting documents: