Report No: G39/18 Eden District Council Executive 3 April 2018 Public Spaces Protection Order in respect of Alcohol Consumption Portfolio: Resources Report from: Deputy Chief Executive Wards: Alston Moor, Appleby (Appleby), Appleby (Bongate), Kirkby Stephen, Long Marton, Penrith Carleton, Penrith East, Penrith North, Penrith Pategill, Penrith South, Penrith West, Shap. OPEN PUBLIC ITEM 1 Purpose 1.1 To set out the feedback from the 6 week statutory consultation on the making of the Public Spaces Protection Order (“PSPO”) to replace the existing Designated Public Place Order which currently restricts the consumption of alcohol in public in certain areas within Eden. 2 Recommendation 2.1 That consideration be given to the results of the consultation set within this report; and 2.2 Having regard to the consultation feedback, approval be given to the making of a Public Spaces Protection Order in the form set out as Appendix B to this report. 3 Report Details 3.1 The existing Designated Public Place Order in respect of the town centres of Alston, Appleby, Kirkby Stephen and Penrith is dated 1 April 2008 and its effect is to prohibit the consumption of alcohol associated with disorder, nuisance or annoyance to members of the public. 3.2 In report G117/17, the Deputy Chief Executive outlined to the Executive on 5 December 2017 the new legislative framework for PSPOs that have now replaced the Designated Public Place Orders under the Anti-Social Behaviour, Crime and Policing Act 2014 (the 2014 Act). PSPOs can now tackle a wider range of anti-social behaviour including noise, nuisance and nuisance dogs and can be made for a period of up to 3 years. 3.3 However, if the Council wishes to make a new PSPO or review an existing one it must carry out the necessary consultation, publicity and notification. Although the legislation does not specify a timescale for the consultation the Executive resolved on 5 December 2017 following consideration of report G117/17, that a 6 week consultation would be appropriate. 3.4 Under the 2014 Act, the Council was required to consult with the Chief Officer of Police and the Police Commissioner, community representatives and the owners and occupiers of land within the affected area. A list of consultees is set out at Appendix A. 3.5 Following consultation, a local authority can make PSPOs provided two conditions are met as follows: (1) that activities carried on in a public place will have a detrimental effect on the quality of life of those in the locality or it is likely activities will be carried on in a public place and have such an effect; and (2) the effect or likely effect of the activities is persistent, unreasonable and justified the restriction imposed by the order. 3.6 In light of evidence of anti-social behaviour provided by Cumbria Constabulary attached to report G117/17, the public consultation also asked for feedback on extending the areas covered by the order to include Long Marton near Appleby and Shap. A draft of the proposed PSPO including plans of the affected areas is attached to this report at Appendix B. 4 Policy Framework 4.1 The Council has four corporate priorities which are:  Decent Homes for All;  Strong Economy, Rich Environment;  Thriving Communities; and  Quality Council 4.2 This report is relevant to the latter 2 priorities. 5 Consultation 5.1 In accordance with the Executive’s resolution of 5 December 2017, a 6 week consultation was undertaken from 5 February to 16 March 2018 of 12,974 households in the affected areas. An information letter and questionnaire (copies attached at Appendix C) was sent to each household. Residents were invited to complete the questionnaire, either the paper version provided or online. 5.2 The consultation was also publicised on the Council’s website, investineden.co.uk, applebyfair.org and via Alston Local Links, Kirkby Stephen Local Links and Appleby Tourist Information Centre. Information was posted on Facebook and Twitter and press releases were provided to the Cumberland and Westmorland Herald and on Cumbria Crack. 5.3 606 completed questionnaires were returned and 419 questionnaires were completed on line. Respondents were asked to state which area of Eden they lived in or visited. The results are as follows:

Alston Appleby Penrith Kirkby Stephen Shap

74 304 513 117 69

NB Some respondents indicated more than one location. 5.4 510 respondents thought alcohol related anti-social behaviour was a problem in Eden. 242 thought it was not a problem and 257 didn’t know. 209 respondents said they had been affected by alcohol related anti-social behaviour within the last 12 months and 776 said they had not and 28 didn’t know. 5.5 Respondents were asked if they supported the use of a PSPO in Eden and also if they agreed with the proposed extension of the order to cover Long Marton and Shap. The results are as follows:

Yes No Don’t Know

Support PSPO 818 136 56

Support PSPO in Long Marton 657 142 219

Support PSPO in Shap 634 118 264

5.6 A number of respondents gave examples of alcohol related anti-social behaviour that they have experienced in the last 12 months as follows: “Broken windows, vandalism, punching/breaking the door to outside gas meter. Throwing beer glasses, bottles. Lots of pavement/road broken glass debris scattering, shouting, arguing, attempted burglaries.” Alston Resident. “Penrith May Day event – bad drunken behaviour on the streets all day. Will no longer attend event. Also unhappy to use Penrith pubs/eateries/bars on the evenings of Saturdays, Fridays, Bank Holidays.” Penrith Resident. “Loud, intrusive behaviour, foul language, littering and observing damage to property. Implement as soon as possible before Appleby Horse Fair.” Appleby Resident. “Eggs thrown at the cars in our street one time, and noise from the main street sometimes.” Kirkby Stephen Resident. “There is definitely an increase in anti-social behaviour in Shap which appears to relate to alcohol. Pavements covered in broken glass, litter bins uprooted, Yobbish behaviour.” Shap Resident. 5.7 Respondents also gave examples of other incidents of anti-social behaviour as follows: “Can something be done about the cars that race around the streets at night and will one day cause an accident.” Kirkby Stephen Resident. “Help please. Other anti-social acts going on. Youths driving down High Wiend along Chapel Street and back up Low Wiend, doing handbrake turns around the corners, which is so frightening. This goes on at 2am – 3am each morning. They also speed in the car parks and do handbrake turns.” Appleby Resident. “Can you also extend this anti-social activity to include both littering and dog excrement both of which continue and is truly anti-social.” Eden Resident. “Money would be better spent on catching the people who let dogs make a mess everywhere and filling pot holes in.” Shap Resident. “Other aspects of ASB need to be taken in consideration e.g. speeding in Penrith, loud exhausts especially in the Greystoke Park Road /Avenue areas.” Penrith Resident. 5.8 A number of respondents made additional comments on the proposed PSPO, for example: “It’ll help people feel safer.” Penrith Resident. “I have never witnessed any trouble caused by drinking in public places apart from the end of May/early June when the travellers to Appleby Fair pass through. This behaviour is ignored by the police as is the parking on double yellow lines/disabled bays etc. with often unlicensed, uninsured and unroadworthy vehicles!” Kirkby Stephen Resident. “If the issue of the street drinking is enforced more people would probably go out in Alston and not feel intimidated.” Alston Resident. “The police have sufficient powers to deal with anti-social behaviour. This PSPO is not needed.” Penrith Resident. “This is a total waste of Council Tax money!” Alston Resident. “No point in passing laws when they cannot be policed,” Shap Resident. “There is always a lot of people (drinking) outside the Mason’s Arms in Long Marton during the Horse Fair period, which causes a lot of angst to those living in the immediate area.” Appleby Resident. “There is no need for PSPO in Long Marton, Brampton and Crackenthorpe. It is only a small issue during Appleby Fair of which is only 4 days in early June! More importantly sort the potholes out on our roads! This is a complete waste of your resources!” Appleby Resident. “Just go for it. I’m a retired construction worker that likes a peaceful life.” Shap Resident. “I believe PSPO is a useful tool in support of those who live in the main street / Market Square of our small towns.” Kirkby Stephen Resident. 5.9 Completed questionnaires were received from Appleby Town Council and Dufton Parish Council and a letter was received from Alston Moor Parish Council. Copies of these are included at Appendix A. 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2015-19 as agreed at Council on 17 September 2015. 6.1.2 The cost of the consultation was £5,241.50. As reported to Executive on 5 December 2017 in report G117/17, it is estimated that the cost of the required signage in the affected areas will be approximately £4,000. 6.1.3 As stated in report G117/17, the costs of the PSPO can be met from existing budgets. 6.2 Legal 6.2.1 The Council can make a PSPO on any public space within its own area. The definition of public space includes any place to which the public or any section of the public have access, on payment or otherwise, as of right or by virtue of express or implied permission, for example a shopping centre. 6.2.2 A single PSPO can include multiple restrictions and requirements in one order. It can prohibit certain activities such as the drinking of alcohol, as well as placing requirements on individuals carrying out certain activities, for instance making sure that people walking their dogs keep them on a lead. In establishing which restrictions or requirements should be included in an order, the Council should be satisfied on reasonable grounds that the measures are necessary to prevent the detrimental effect on those in the locality or reduce the likelihood of the detrimental effect continuing, occurring or recurring. 6.2.3 Although PSPOs are made by the Council, enforcement should be the responsibility of a wider group. Council officers will be able to enforce the restrictions and requirements as will police officers and PCSOs. A breach of a PSPO is a criminal offence. The Council’s officers and other authorised persons can consider issuing a fixed penalty notice and failure to pay could lead to a prosecution against individuals. 6.2.4 Any challenges to the PSPO must be made in the High Court within six weeks of it being made. An interested person is someone who lives in, regularly works in or visits the area covered by the PSPO. This right to challenge also exists where an order is varied by a council. 6.2.5 Under the 2014 Act, the Council must have regard to the freedoms permitted under articles 10 and 11 of the Human Rights Act 1998 being freedom of expression and freedom of assembly and association. 6.3 Human Resources 6.3.1 A considerable amount of officer time has been spent on carrying out and reviewing the results of this consultation. In the future, officers will need to review the order during the 3 year period following the making of the order and undertake consultation on the extension, continuation or discharge of the PSPO as necessary. 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity The Council has to have regard to the elimination of unlawful discrimination and harassment and the promotion of equality under the Equality Act 2010 and related statutes. An Equality Assessment has been undertaken in respect of this consultation and is appended to the report at Appendix D. Consideration: Details of any implications and proposed measures to address: Health, Social The proposals within this report are designed to Environmental and reduce anti-social behaviour and other crimes. Economic Impact This should have a positive impact on health and social cohesion. Crime and Disorder Under the Crime and Disorder Act 1998, the Council has to have regard to the need to reduce crime and disorder in exercising any of its functions. The proposals in this report are designed to reduce anti-social behaviour and other crimes. Children and Under the Children Act 2004, the Council has to Safeguarding have regard to the need to safeguard and promote the welfare of children in the exercise of any of its functions. The proposals within this report should have a positive implication for safeguarding and welfare of children arising out of the reduction in anti-social behaviour.

6.5 Risk Management Risk Consequence Controls Required That the current There will be less The recommendations Designated Public control over anti-social in this report mitigate Place Order lapses behaviour in certain against this risk. and is not replaced. designated locations. 7 Other Options Considered 7.1 If the proposed PSPO is not made, this would go against the majority view expressed in the statutory consultation. 8 Reasons for the Decision/Recommendation 8.1 It is recommended, in light of the evidence from the statutory consultation that Executive make the proposed PSPO in respect of restricting alcohol consumption in public places in certain areas of Eden.

Tracking Information Governance Check Date Considered Chief Finance Officer (or Deputy) 20 March 2018 Monitoring Officer (or Deputy) 20 March 2018 Relevant Assistant Director 20 March 2018

Background Papers: Appendices: Appendix A – List of Consultees Appendix B – Draft PSPO Appendix C – Information Letter and Questionnaire Appendix D – Equality Assessment

Contact Officer: Sarah Griffiths, Licensing & Enforcement Officer 01768 212148 This page is left intentionally blank Appendix A

List of Consultees on proposed PSPO 5 February to 16 March 2018 All households in Alston, Appleby, Crackenthorpe, Dufton, Hartley, Kirkby Stephen, Long Marton, Nateby, Penrith, and Shap (12,973) All Licensed Premises in Eden (337) District Councillors Patricia Godwin (Alston Moor), Lissie Sharp (Alston Moor), Karen Greenwood (Appleby), Andrew Connell (Appleby Bongate), Valerie Kendall (Kirkby Stephen), Trevor Ladhams (Kirkby Stephen), Allan Armstrong ( Long Marton), Paula Breen (Penrith Carleton), Michael Eyles (Penrith East), John Lynch ( Penrith East), Deb Holden (Penrith North), Scott Jackson (Penrith North), Mark Rudhall (Penrith North), John Tompkins (Penrith Pategill), Margaret Clark (Penrith South), Malcolm Temple (Penrith South), Virginia Taylor (Penrith West), John Thompson (Penrith West), John Owen (Shap). Appleby Town Council, Alston Moor Parish Council, Crackenthorpe Parish Meeting Dufton Parish Council, Hartley Parish Meeting, Kirkby Stephen Town Council, Long Marton Parish Council, Nateby Parish Council, Penrith Town Council, Shap Parish Council. Penrith Chamber of Trade. Penrith Business Improvement District. Jeremy Graham, Chief Constable, Cumbria Police. Peter McCall, Police and Crime Commissioner. Katherine Fairclough, Chief Executive, Cumbria County Council. Billy Welch and Bill Lloyd, Gypsy and Traveller Representatives. Rory Stewart MP.

Appendix B

Eden District Council Anti-Social Behaviour, Crime and Policing Act 2014 Section 59 Public Spaces Protection Order

1. This Order is made by Eden District Council (“the Council”) under the Anti- Social Behaviour, Crime and Policing Act 2014, Section 59 (“the Act”). 2. This Order relates to the public spaces edged black on the attached plans in Alston, Appleby, Kirkby Stephen, Penrith and Shap within in the Council’s area (“the Restricted Areas”) to which the Act applies. 3. The Order may be cited as the Eden District Public Spaces Protection Order and shall come into force for a period of 36 months from the date of this Order, unless extended by further orders under the Council’s statutory powers. 4. The effect of this Order is to prohibit the consumption of alcohol (licensed premises excluded) or the possession of an open container of alcohol within the Restricted Areas. 5. The Council is satisfied that the conditions set out in section 59 of the Act have been met, being that: a. activities carried out in the Restricted Areas have had a detrimental effect on the quality of life of those in the locality, or it is likely that these activities will be carried on in the public places and they will have such an effect; b. and the effect, or likely effect, of the activities is, or is likely to be, of a persistent or continuing nature, and is, or is likely to be, such as to make the activities unreasonable; c. and justifies the restrictions imposed by the Order. 6. Under section 63 of the Act where a constable or an authorised person reasonably believes that a person is, or has been, consuming alcohol in breach of this Order, or intends to consume alcohol in breach of this Order, the constable or authorised person may require that person: a. not to consume alcohol or anything which the constable or authorised person reasonably believes to be alcohol; b. to surrender anything which is, or which the constable or authorised person reasonably believes to be, alcohol or a container of alcohol. 7. It is an offence for a person, without reasonable excuse, to fail to comply with a requirement imposed by a constable or authorised person under section 63 of the Act and a person guilty of this offence is liable on summary conviction to a fine not exceeding level 2 on the standard scale. 8. A constable or authorised person may issue a fixed penalty notice of not more than £100 to anyone he or she has reason to believe has committed an offence under section 63 of the Act. 9. If any interested person desires to question the validity of this Order on the grounds that the Council had no power to make it or that any requirement of the Act has not been complied with in relation to this Order, he or she may apply to the High Court within six weeks from the date of this Order.

Dated

The Common Seal of Eden District Council was here unto affixed in the presence of:

This page is left intentionally blank Appendix C

This page is left intentionally blank Equality Impact Assessment Template

Appendix D

Please refer to “Equality Impact Assessments Guidance Notes” when completing this form. These can be found on Sharepoint in the Corporate Centre. 1. About the Policy/Service/Function

Name of Policy/Service/Function being assessed Public Spaces Protection Order Consultation Job Title of Officer completing EIA Licensing and Enforcement Officer Department/service area Governance Telephone number and email contact 01768 212148 [email protected] Date of Assessment 5 February 2018 Main aims and objectives of policy/service/function To ensure that the consultation reaches as many stakeholders as possible, including hard to reach groups. Is this a (please copy and place into appropriate box)

• New Policy/service/function or a proposal? • Review of an existing policy? • A changing/updated policy/service/function?  Who are the stakeholders? The stakeholders are residents, visitors ( including members of the Gypsy and Traveller community) and those who work in Alston, Appleby, Long Marton, Kirkby Stephen and Shap businesses and business organisations, parish and town councils, Cumbria County Council, and the police.

EIA Template: Version 2: April 2013 1

2. Gathering Relevant Information, Evidence, Data and Research Consider the sources of information, evidence, data and research that will help you build up a picture of the likely impacts of your policy/service/function on the protected characteristic groups. List your sources of information and what they tell you. (Refer to Section 7.0, Step 2 on page 6 of the Guidance Notes).

Information Source Location of data/information What does the data/information tell us? (give a link here if applicable) Cumbria Intelligence http://www.cumbriaobservatory.org.uk/ Census data, population estimates and projections, Observatory household incomes, employment statistics, crime and disorder statistics, statutory assessments etc. Multi Agency Strategic Co- Retained on Sharepoint and Planning by various agencies/bodies around Appleby Horse ordination Group (MASCG) on http://www.applebyfair.org/information Fair, including the Gypsy and Traveller community meeting minutes

EIA Template: Version 2: April 2013 2 Equality Impact Assessment 3. Assessing the Impacts From the information, evidence, data and research you have gathered, use this section to identify the risks and benefits for each of the different protected characteristic groups.

Protected Positive Negative No Details of likely How do you Action required to Note any Characteristic Impact Impact or impact impact(s) know? address impact(s) opportunities Group or risk (Y/N) () Give justification if to promote benefit action not possible equality (Y/N) Age Nil Care should be taken to ensure this protected characteristic is not adversely affected in the consultation process. Disability Nil Care should be taken to ensure this protected characteristic is not adversely affected in the consultation process. Gender Nil Care should be taken to ensure this protected characteristic is not adversely affected in the consultation process. Race Nil The Council Census data Information posted on understands there identifies websites and social may be a range of different racial media known to be used residents and groups in the by the Gypsy and visitors in Eden district. Traveller Community. who require Feedback from Specific email information both MASCG communication and verbal and written identifies telephone discussions in a range of other with representatives of

EIA Template: Version 2: April 2013 3 Equality Impact Assessment

languages to be affective ways to the Gypsy and Traveller able to access communicate Communities regarding Council services. with the Gypsy the PSPO as well as face The Council works and Traveller to face discussions at to provide for the Community. MASCG meetings. needs of the Gypsy and Traveller Community through MASCG in connection with Appleby Horse Fair. Religion or Nil Care should be taken to Belief ensure this protected (including non- characteristic is not belief) adversely affected in the consultation process. Marriage and Nil Care should be taken to Civil ensure this protected Partnership characteristic is not adversely affected in the consultation process. Pregnancy and Nil Care should be taken to Maternity ensure this protected characteristic is not adversely affected in the consultation process. Gender Nil Care should be taken to Reassignment ensure this protected characteristic is not

EIA Template: Version 2: April 2013 4 Equality Impact Assessment

adversely affected in the consultation process. Sexual Nil Care should be taken to Orientation ensure this protected characteristic is not adversely affected in the consultation process. Rural Resident Nil Care should be taken to ensure this protected characteristic is not adversely affected in the consultation process.

EIA Template: Version 2: April 2013 5 Equality Impact Assessment 4. Action Planning

What is the Actions proposed to Who will lead on Resource When? Monitoring negative/ reduce/eliminate the negative the action(s)? implications/ (target Arrangements adverse impact or impact resources completion area for further required date) action? None identified

5. Outcome of Equality Impact Assessment (tick appropriate box)

No major change needed - the analysis shows the policy is robust and evidence shows no potential for discrimination  Adjust the policy/service/function - alternatives have been considered and steps taken to remove barriers or to better advance equality. Complete the action plan. Adverse impact(s) identified but continue - this will need a justification or reason. Complete the action plan. 6. Review

Date of the next review of the Equality Impact Assessment March – April 2021 Who will carry out this review? Licensing and Enforcement Officer

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