BYELAW PROPOSAL: REPORT OF THE DIRECTOR OF NEIGHBOURHOODS TO ACCOMPANY AN APPLICATION FOR APPROVAL OF A PROPOSAL TO MAKE BYELAWS 1. Relevant Enactments The Council proposes to make byelaws under sections 12 & 15 of The Open Spaces Act 1906, Section 164 of the Public Health Act 1875 (and any other enabling legislation) in relation of all of the parks and green spaces in its area believed to be held for the purpose of those provisions. A copy of the proposed byelaws is contained in Appendix 1. 2. Procedure The byelaws are being made under the procedure specified in The Byelaws (Alternative procedure) Regulations 2016. 3. Purpose and need for the byelaws Bristol is a diverse city which is well known for its public open spaces attracting an estimated 25 million visits a year (BCC Parks and Green Space Strategy, 2008). There are over 1500 hectares of green spaces providing a recreational resource to an estimated population of 440,000. The city’s green spaces include over 100 children’s play areas, nature reserves and wildlife sites, large heritage estates, traditional formal parks, sports facilities and neighbourhood green spaces. There are over 400 green spaces that directly act as a leisure facility. Managing this resource in a way that meets the diverse and often competing needs of users and residents is necessary and challenging. To support this task, Bristol City Council has consulted widely on a proposal to adopt a new set of parks byelaws that will encourage Bristol’s residents and visitors to use its green spaces responsibly. These will replace its existing Victorian parks byelaws which act on a small number of city centre spaces. Bristol’s proposal is to adopt a new, carefully selected set of 24 byelaws based on the model byelaws drafted by the Department for Communities and Local Government. This proposal has established a high level of support from Bristol’s residents, its community park groups and local Neighbourhood Partnerships. None of the byelaws proposed is solely intended to protect people from the consequences of their own actions; all are directed at tackling nuisance and other anti-social behaviour by a few that is impacting on the safe enjoyment of the parks by the many. 4. The Reasons for byelaws In order to ensure park users’ enjoyment and safety, Bristol City Council and partners need to be able to tackle nuisance and other anti-social behaviour that adversely affects the enjoyment of these open spaces by its communities. Bristol has a set of Victorian parks byelaws that apply to 25 of its parks. These do not cover all types of anti-social and nuisance behaviour that are reported. A new, more useful, set of byelaws would replace these and apply to many more parks in the city. 1 Bristol City Council and the police carried out an analysis of complaints about nuisance in parks received over a two-year period from 2011 to 2013. A total of 3,157 complaints were received specifically about issues that could be tackled by byelaws. From a subsequent public consultation in 2013 on an initial byelaws proposal, 61% of respondents told the council they had experienced the anti-social behaviours set out by the byelaws. A further public consultation in 2016 found that 58% of respondents felt that byelaws would help them enjoy Bristol’s green spaces more. 5. Do other enactments already fulfil the purposes identified under paragraph 3? Following its 2013 public consultation on an original byelaws proposal, the Council’s Neighbourhoods Scrutiny Commission examined the issues raised. That examination included an Inquiry Day (November 2014) which hosted contributions from a range of different stakeholders and agencies. The rationale for byelaws in the light of the alternatives and in particular the new powers in the Anti-Social Behaviour, Crime and Policing Act 2014 was examined. The merits of the following powers available under the 2014 Act were considered: Community protection notice; Dispersal power; Public Spaces Protection Order (PSPO). 6. Given the existence of other powers, why are byelaws needed? On examination by the Council’s Scrutiny Committee, the advantages of updating the parks byelaws were clear: i. Byelaws can be enforced immediately whereas other interventions may require evidence of a persistent nuisance to be built up over time. ii. Anybody breaching a byelaw can be immediately removed by the council or police. iii. Byelaws can empower communities where in some instances members of the public can request others to cease their anti-social behaviour, rather than rely on an enforcement agency to act. iv. Council resources will need to be deployed to explore the use of other powers to tackle the issues that could have been addressed via a byelaw. This would be reactive and could prove resource intensive and where Orders are made for particular places these require review every three years if they are to continue to remain in place. As a result of its Inquiry Day, the Commission made a number of recommendations which included: a) a review of the original (2013) byelaws proposal; and b) a consideration of the use of other legislation to tackle problems where this is more appropriate than the use of byelaws. 2 At its meeting of April 2015, the Commission agreed and recommended a reduced set of 24 byelaws be progressed and considered by Full Council. The revised proposals omitted byelaws relating to: i. Climbing; ii. Children’s play areas; iii. Children’s play apparatus; iv. Skateboarding; and v. Ball games. It is considered that the issues numbered (i) to (v) above can be satisfactorily addressed where necessary by use of an appropriate alternative means of regulation. These alternative means are not considered satisfactory for the remaining issues due to factors such as the time taken to secure a satisfactory outcome and the continuation of the nuisance and other anti-social behaviour in the meantime. The reduction in number of byelaws proposed was greatly informed by a commitment to only make proposals that reflect what is necessary and proportionate in response to an existing problem. 7. To the extent that paragraph 5 does not apply, do the proposed byelaws conflict with other enactments? It is not considered that there is any such conflict. 8. Revocation of existing byelaws The council proposes to revoke the Victorian byelaws that still apply to 25 of its parks; these are described in Appendix 1. 9. Model byelaws Having considered the guidance that accompanies them the Council intends to make use of 24 model byelaws published by the Department of communities and Local Government. 10. The land to which the Byelaws are proposed to apply See Appendix 2. 11. Extent of consultation and the results There has been a considerable amount of consultation and public scrutiny since 2013 which has helped to shape the proposals in line with principles of better regulation. Almost 1800 responses to consultation have been taken into account as part of this process. The most recent (2016) consultation focused on designated areas, consents and matters relevant to the regulatory assessment required under the regulations. A report summarising the 813 responses in that exercise is attached at Appendix 3. 12. Objections and response to objections A summary of consultation responses, including objections, together with a summary of the Council’s response is incorporated in to the Council’s regulatory assessment. 3 Appendices Appendix 1: Proposed new byelaws and revocations Appendix 2: Land to which the byelaws will apply Appendix 3: summary of consultation response Alison Comley Director of Neighbourhoods Duly authorised for and on behalf of The City Council of Bristol FA8.1626 4 BRISTOL CITY COUNCIL BYELAWS FOR PLEASURE GROUNDS, PUBLIC WALKS AND OPEN SPACES ARRANGEMENT OF BYELAWS PART 1 GENERAL 1. General interpretation 2. Application 3. Opening times PART 2 PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC 4. Protection of structures and plants 5. Unauthorised erection of structures 6. Grazing 7. Protection of wildlife 8. Camping 9. Fires 10. Missiles 11. Interference with life-saving equipment PART 3 HORSES, CYCLES AND VEHICLES 12. Interpretation of Part 3 13. Horses 14. Cycling 15. Motor vehicles 16. Overnight parking PART 4 PLAY AREAS, GAMES AND SPORTS 17. Interpretation of Part 4 18. Archery 19. Field sports 20. Golf PART 5 WATERWAYS 21. Interpretation of Part 5 22. Fishing 23. Blocking of watercourses PART 6 MODEL AIRCRAFT 24. Interpretation of Part 6 25. Model aircraft PART 7 OTHER REGULATED ACTIVITIES 26. Provision of services 27. Excessive noise 28. Public shows and performances 29. Aircraft, hang-gliders and hot air balloons PART 8 MISCELLANEOUS 30. Obstruction 31. Savings 32. Removal of offenders 33. Penalty 34. Revocation 2 SCHEDULE 1 Grounds to which byelaws apply generally SCHEDULE 2 Grounds to which byelaw 13 does not apply Byelaws made under section 164 of the Public Health Act 1875, section 15 of the Open Spaces Act 1906 and sections 12 and 15 of the Open Spaces Act 1906 by the Bristol City Council with respect to the pleasure grounds, public walks and open spaces specified in Schedule 1. PART 1 GENERAL General Interpretation 1. In these byelaws: “the Council” means the City Council of Bristol “the ground” means any of the grounds listed in Schedule 1 “designated area” means an area in the ground which is set aside for a specified purpose, that area and its purpose to be indicated by notices placed in a conspicuous position; “invalid carriage” means a vehicle, whether mechanically propelled or not, (a) the unladen weight of which does not exceed 150 kilograms, (b) the width of which does not exceed 0.85 metres, and (c) which has been constructed or adapted for use for the carriage of a person suffering from a disability, and used solely by such a person.