Report to Cabinet Communities Date of Issue: 20 April 2018 Member for: and Housing Date of Decision: 27 April 2018 Subject: Public Spaces Protection Order (PSPO) - restriction of the drinking of alcohol Report of: Head of Wards Affected: Southport, Communities Crosby/Waterloo, Bootle Town Centre, Formby Is this a Key No Included in No Decision: Forward Plan: Exempt / No Confidential Report: Summary To Inform Cabinet Member – Communities and Housing of the final proposals for the establishment of a Public Spaces Protection Order to restrict drinking alcohol in public in the following areas: Southport Town Centre, Bootle Town Centre, Formby, Crosby/Waterloo Recommendations: To ask Cabinet Member to agree the following: (1) That the content, proposals and restrictions within the PSPO’s are acceptable. (2) That amendments made as a result of the Consultation process are agreeable. (3) For the final version of the PSPO to be presented to the Legal Department to prepare and execute the Order. Reason for the Recommendations: To formally approve the Public Spaces Protection Order (PSPO) Alternative Options Considered and Rejected: (including any Risk Implications) N/A What will it cost and how will it be financed? (A) Revenue Costs N/A (B) Capital Costs N/A Implications of the Proposals: Resource Implications (Financial, IT, Staffing and Assets): N/A Legal Implications: N/A Equality Implications: There are no equality implications. Contribution to the Council’s Core Purpose: Protect the most vulnerable: Implementing the PSPO will help to identify those vulnerable and in need of support. Facilitate confident and resilient communities: Residents and Visitors will feel safe and enjoy a clean and healthy environment Commission, broker and provide core services: N/A Place – leadership and influencer: N/A Drivers of change and reform: N/A Facilitate sustainable economic prosperity: Management of street drinking will have a positive impact on both the Day and Night-time economy Greater income for social investment: N/A Cleaner Greener: Less litter What consultations have taken place on the proposals and when? (A) Internal Consultations The Head of Corporate Resources (FD5109/18) and Head of Regulation and Compliance (LD4393/18) have been consulted and any comments have been incorporated into the report. (B) External Consultations To develop this proposal in line with PSPO guidelines consultation has taken place with the following via partnership meetings and Sefton Councils consultation and engagement process which lasted for six weeks ending on 19/01/18: 1. The Merseyside Police and Crime Commissioner. 2. Merseyside Police. 3. Local business’s in the areas that the PSPO will be introduced. 4. Residents in the local community. 5. Sefton Council’s Legal Services. The outcome of the consultation was unanimous in support of the PSPO proposal. The main question within the consultation was “Do you think the direction to not consume alcohol in designated public spaces would be reasonable and necessary in order to prevent Anti-Social Behaviour in the proposed areas?” Below is a sample of the responses received:- I feel that the street drinkers in and around the shoe market strand area are sending out a negative message to our young people they need to be working with outreach detached drugs and alcohol workers and a designated safe area away from the public this will then send a positive message to the young people that it is an issue and a problem that can have a negative effect on their lives we also need to ensure that we don't move our young people into unsafe areas We have numerous complaints regarding the issue in the Southport area. Although we do have concerns over who will enforce the order. This should help to stop underage drinking and alcoholics street drinking and stop littering of empty drinks cans and more monitoring of off licence and supermarkets all out door areas should be no alcohol areas except designated places like outside of pub where area has been designated Very worried about large groups of Yobs hanging round in Kings Gardens and other areas of Southport town centre. They even came into our apartment communal area over Easter Bank Holiday - a large number of youths and girls looking for someone and generally causing trouble and much anxiety. in Kings Gardens we litter pick lots of cans and bottles also we see the gangs drinking There are too many drunks on our streets and leaving the contents of their stomachs behind We need to address shops/off licences that are selling alcohol and cigarettes to under aged young people and members of the public who are purchasing them for minors All respondents to the consultation agreed with the proposed areas, and were asked if other areas should be included. Where suggestions were made, these areas were added to the defined area. Implementation Date for the Decision Following the expiry of the “call-in” period for the Cabinet Member decision. Contact Officer: Chris White Telephone Number: 0151 934 4904 Email Address: [email protected] Appendices: The following appendices are attached to this report: Letter of support from the Office of the Police and Crime Commissioner Background Papers: There are no background papers available for inspection. 1. Background 1.1 In 2003 a Designated Public Place Order (DPPO) was made under the Criminal Justice and Police Act 2001, to restrict drinking in various designated public places in order to curb Anti-Social Behaviour and criminality. In 2014, the Anti-Social Behaviour Crime and Policing Act 2014 came into force, which stipulated that any DPPO still in force three years after the Act, would effectively transition into a Public Space Protection Order (PSPO), however it must satisfy the legal requirements of the content of a PSPO, and the current DPPO, does not. 1.2 Orders can be introduced in a specific public area where the Local Authority is satisfied on reasonable grounds that certain conditions have been met, such as whether the activities concerned have or would have a detrimental effect on the quality of life of those in the locality, and that they are or likely to be persistent or continuing in nature, and are justified. 1.3 A PSPO can give Authorised Persons and Merseyside Police Officers/PCSO’s the power to issue a Fixed Penalty Notice to those drinking Alcohol in public spaces, and as such the persons can be compelled to surrender the alcohol to prevent the person continuing to consume the alcohol in the designated area. 1.4 PSPO’s are designed to stop individuals and or groups committing anti-social behaviour (ASB) in a public space and are intended to deal with a particular nuisance or problem in a particular area that is detrimental to the local community’s quality of life, by imposing conditions on the use of that area which apply to everyone. They are designed to ensure the law-abiding majority can use and enjoy public spaces, safe from Crime and Anti-Social behaviour. 1.5 The Council can make a PSPO after consultation with the Police and Crime Commissioner and other relevant bodies such as Elected Members and local population. 1.6 The Test Behaviour being restricted has to be having, or be likely to have, a detrimental effect on the quality of life of those in the locality, be persistent or of a continuing nature and be unreasonable. 1.7 Restrictions and requirements are set by the Council after consultation with many partners, including residents and businesses. These can be blanket restrictions and/or requirements or can be targeted against certain behaviours, by certain groups, at certain times. The PSPO can restrict access to public spaces (including certain types of highway) where that route is being used to commit anti-social behaviour. 1.8 The PSPO can be enforced by a Police Officer, Police Community Support Officers and Council officers. There is a penalty for a breach of the PSPO of a fixed penalty notice of £50 if paid within 10 days, rising to £75 thereafter. A breach is also a criminal offence. A fine of up to level 3 can be issued on prosecution if the offence is not discharged by paying the fixed penalty. 1.9 Anyone who lives in, or regularly works in or visits the area can appeal the making of a PSPO in the High Court within six weeks of it coming into effect Further appeal is available each time the PSPO is varied by the Council. More than one restriction can be added to the same PSPO, meaning that a single PSPO can deal with a wider range of behaviours than the orders it replaces 1.10 The PSPO will be live for an initial period of three years. At the end of this time consultation will take place to establish if the PSPO has been successful and should be implemented for another further three years. 2. The Affected Areas 2.1 These Areas have been identified by Sefton ASB Unit and Merseyside Police as areas in which drinking Alcohol in public areas has a direct cause and effect in causing anti-social behaviour and low level crime. Southport Town Centre - the area bounded by Kings Gardens, Promenade, Seabank Road, Gordon Street, Lord Street, Union Street, Castle Street, Hill Street, Wright Street, London Street, Chapel Street, Tulketh Street, Bridge Street, Eastbank Street, Princess Street, Market Street, King Street, Duke Street. Bootle Town Centre - the area bounded by Merton Road, Washington Parade, Marsh Lane and Litherland Road. Formby - Duke Street Park, Kings Road, Phillips Lane down to the footpath (including Meadow Croft and Phillips Close), Formby Railway Station and car park, Formby Bridge, Formby Street and Andrews Lane.