MANCHESTER CITY COUNCIL Proposed Public Space Protection Order Sections 59 and 64 of the Anti-social Behaviour, Crime and Policing Act 2014 STATEMENT OF REASONS for proposing to make the CITY OF MANCHESTER (ROCHDALE CANAL UNDERCROFT, PICCADILLY) PUBLIC SPACE PROTECTION ORDER 1.0 INTRODUCTION 1.0.1 The Rochdale Canal enters into Manchester City Centre at Piccadilly (within the City Centre ward). The canal has a series of nine locks, known as the “Rochdale Nine” before terminating at the Bridgewater canal in Castlefield. As the Canal enters into the “Rochdale Nine”, just past the Piccadilly Canal basin, the Canal passes through an area known as ‘the Undercroft’. This area comprises a section of canal tunnel of some 130 metres in length, located below the road network and City Centre buildings. The Undercroft is largely out of sight from passing pedestrians and vehicles, being below street level. The Undercroft towpath and the related access ramps provide a through-route from Minshull Street /Auburn Street junction (at the rear of the Crown Court) to Dale Street. 1.0.2 The Rochdale Canal was reopened fully to navigation in 2002, having been closed to navigation in 1952. During the period of closure the “Rochdale Nine” remained open to navigation as part of the “Cheshire Ring” of canals, which links the Bridgewater, Trent and Mersey, Macclesfield, Ashton, Peak Forest and Rochdale Canals together. 1.0.3 The Rochdale Canal has a recognised amenity value and increases the attractiveness of Manchester City Centre to developers, tourists, residents and workers. Hotels, apartments, businesses and offices have opened along the canal frontage. The Canal is also close to the excellent transport links at Piccadilly train station and local nightlife attractions on Canal Street Gay Village and the Northern Quarter. 1.0.4 Despite such development within the area, there are long-standing, continuing and serious problems of crime and anti-social behaviour occurring in the Undercroft. These include robbery, assault, sexual activity and drug-related behaviour, particularly during the evening and night-time hours. 1.0.5 This crime and anti-social behaviour is persistent and unreasonable and affects lawful users of the towpath (who can become victims of crime at this location), as well as adjacent premises. Although the Undercroft towpath is by its very nature largely enclosed, some sections of the towpath are visible from adjoining hotel and business premises. These ‘activities’ that occur within the Undercroft have a detrimental effect on the quality of life of the guests, staff and residents of those premises. These matters are discussed in the statements below. 1.0.6 There is a further serious issue to be considered in relation to the criminality taking place in the Undercroft. In recent years, a number of fatalities by drowning have occurred within the Undercroft. In these cases, robberies and assaults have led to persons involved either falling or being pushed into the canal and being unable to get out, sometimes with fatal consequences. 1.0.7 There have been eight incidents where individuals have been pushed into the Rochdale Canal (Undercroft Section) (from 2011 to 2014) and four fatalities (from 2009 to 2014). 1.0.8 Two more fatalities in the Undercroft section of the Rochdale Canal have taken place more recently, in 2014 and 2015. 1.0.9 In 2008, following an Inquest into one such death, the Coroner wrote to the Council stating: "I strongly urge for there to be a review of the waterways in the centre of Manchester with the intention of deciding what appropriate extra warning signage, lighting, life-saving equipment, etc. may be appropriate in any given area. Consideration might need to be given to additional fencing or walling". 1.0.10 In response to the Coroner’s concerns, the Manchester Water Safety Partnership was formed. It includes as members the City Council, Greater Manchester Police (GMP), Greater Manchester Fire and Rescue Service (GMFRS), and the Canal and River Trust (CRT). The Partnership’s aims are to introduce measures to improve water safety in the vicinity of the canal, and, in particular, in this context, to recommend measures to protect the public where the risk of water-related incidents and drowning is heightened by the levels and types of crime that are occurring adjacent to the water. 1.0.11 Manchester City Council and its partners in the Manchester Water Safety Partnership have undertaken a number of measures to improve public safety on Manchester’s canal network and on the Undercroft in particular. Despite the continued use of managed CCTV with loudspeaker, regular GMP police patrols/operations and the introduction of additional water safety equipment, criminal activity and crime-related drowning has continued to occur. Whilst these measures may have had some effect, they have been largely unsuccessful in reducing to any notable extent the on-going problem of crime, anti-social behaviour (ASB) and crime-related drowning. 1.0.12 In the context of (i) the persistent and unreasonable nature of the serious crime and anti-social behaviour occurring on the Undercroft on a daily Page | 1 basis (in the evening in particular) and (ii) the limited success of the interventions of GMP, GMFRS, the Canal and River Trust and the Council to reduce such effects, the Council is proposing additional measures as a means of addressing these on-going problems. The proposal considered in this Statement is the making of a Public Space Protection Order to prohibit public access to the Undercroft towpath, along with certain associated lengths of towpath, access ramp and landings (also referred to in this Statement as the ‘Restricted Area’) between the hours of 10pm in the evening and 7am the following morning, on every day of the year. 1.0.13 It is recognised that the Undercroft has amenity value as an off-street route, in daytime hours in particular, despite the on-going problems of crime and ASB referred to in this Statement. Therefore, the Council is only proposing to prohibit access to the Undercroft during night time hours. In this way, the Council is seeking to strike a reasonable and appropriate balance between pedestrian use and the need to protect the public at the times of highest risk from the serious issues of crime and anti-social behaviour that are ‘facilitated’ by the enclosed nature of the Undercroft, the consequences of which are made much more serious by its close proximity to water. 1.0.14 The proposed times of closure -10pm to 7am - have been chosen as it is during these hours when the majority of the serious crimes and related fatalities-by-drowning are occurring (see analysis below). There will be certain limited exemptions from the prohibition of entry, such as boaters’ access. Pedestrian access will continue to be available in the normal manner between the hours of 7am and 10pm. 2.0 REVIEW OF EXISTING MEASURES INTRODUCED TO ADDRESS THE CRIME AND ANTI-SOCIAL BEHAVIOUR OCCURING IN THE UNDERCROFT 2.0.1 Before considering the proposal to introduce a Public Space Protection Order, it is considered appropriate to review the various measures that have been introduced to address the on-going issues with crime, anti- social behaviour and fatalities-by-drowning that are occurring in the Restricted Area. 2.1 MCC Health & Safety 2.1.1 The Council’s Health and Safety Manager reports that: 2.1.1.1 The Coroner required the Council in 2009 to set out its intentions regarding the provision of water rescue equipment, improvements to lighting and the CCTV provision. 2.1.1.2 Lifesaving equipment has been installed within the Undercroft on a number of occasions with lifesaving rings being fixed to the wall. The equipment has always been stolen as soon as it is replaced. Page | 2 2.1.1.3 The Undercroft is illuminated by a system of artificial lights at sufficient lighting levels for boaters and pedestrian access. The lighting is repeatedly subject to vandalism including accessing and altering the electrical control box, painting over light fittings and damage. The electrical control box has previously been used to turn off the lighting to assist with personal robberies taking place. 2.1.1.4 Manchester City Council maintains and inspects the Undercroft lighting on a regular basis to ensure the lights are operational and working. When lighting issues are reported by staff or members of the public, remedial measures to replace faulty lighting are promptly actioned. 2.1.1.5 CCTV has been operating in a monitoring role for many years within the Undercroft. The effectiveness of the CCTV within the Undercroft continues to be influenced by the known disadvantages of CCTV, vandalism of cameras, the inability of a camera system to physically stop crime and ASB from directly taking place. Specifically within the Undercroft, there have also been a number of incidents where persons have carried out indecent acts in direct view of the cameras in the knowledge of their presence. 2.1.1.6 The Canal and River Trust have installed grab chains on the downstream Lock 84 approach walls and under Dale Street Bridge. The grab chains have been installed at water level to help the public self-rescue or stay afloat. The work was completed in June 2015. The Canal and River Trust have also installed additional fencing on the approaches to the footbridge within the Undercroft and access restrictor plates on the Lock gates of Lock 84 to prevent the lock gates being used to cross over the canal. 2.1.1.7 Improvements to lighting and CCTV have previously been estimated at £80K and £20K respectively for the Undercroft.