Agenda item

The report of the Executive Manager – Neighbourhoods is attached.

The Deputy Leader and Portfolio Holder for Community and Sustainability, Councillor Mason presented the report of the Executive Manager for Neighbourhoods outlining the review of the Public Spaces Protection Order.

Councillor Mason advised that she remained fully supportive of the Public Spaces Protection Order (PSPO) following its introduction three years ago. A review had been undertaken to consider an extension of the current PSPO for a further three years as guided by legislation. The Orders were a flexible enforcement tool to control Anti-Social Behaviour (ASB) on reasonable grounds.  A full public consultation had taken place from 20 August to 20 September 2019 and the feedback had been broadly supportive.  Key partners including the Police, the Police and Crime Commissioner, community safety partners, Nottinghamshire County Council and other key stakeholders who have been dealing with the PSPO over the last three years were also very supportive.  The Council has always recognised that outdoor sleepers need support rather than an enforcement approach and the Council worked closely with partners to ensure that they receive the support they need. Each case was different and she had previous experience through working with Metropolitan Housing. The PSPO was a guiding factor in the formation of the multiagency Rough Sleepers Group to help individuals. The Communities Scrutiny Group had scrutinised the establishment of the PSPO and the review and endorsed it both times. Whilst there were differing views within the Group, the overall view was in favour of the extension.

The report was moved by Councillor Mason and seconded by Councillor Brennan.

Councillor Bansal stated that rough sleeping had doubled since 2010. Increasing numbers of homeless people were dying, with a 50% increase in the last five years. Last year 726 homeless people had died. The Labour Group’s concern with the PSPOs was that 36% of local authorities use PSPOs specifically against rough sleepers, despite guidance not to.  Rough sleepers should not be criminalised they should be offered more education and support and the Council should work with local groups to help them. It was a concern that the problem would develop further and the Council would not get to the root cause. Whilst the support already being given was acknowledged, it was important that where the PSPO was being used, it was not targeting the rough sleepers.

Councillor Jones confirmed that the Liberal Democrat Group would be supporting the recommendation. It was important that rough sleepers were treated according to the guidance as appropriate. He advised that the Police did not always appear to be aware of the PSPO and it would be helpful to improve communication.

Councillor Howitt arrived at 7.20pm.

Councillor Richard Mallender stated that he had expressed reservations when the issue was considered at the Communities Scrutiny Group. It was important that rough sleepers were provided with help and support and the Green Party did not believe that this was the correct legislation and would therefore not be supporting it.

Councillor Thomas confirmed that the Independent Group supported the recommendation. It was noted that measures to support the individuals concerned were far more important than punishment, together with the support that was already being given. The Group urged that performance indicators be developed to measure the support offered and its effectiveness alongside the existing indicators such as the number of warning notices issued which only measured enforcement activity.

Councillor J Wheeler advised that some of the recently elected Councillors who had joined the Communities Scrutiny Group had been unaware of the purpose of the PSPO, given that when it was first introduced there had been inaccurate media coverage of its intentions to fine all rough sleepers. Through the in-depth briefings from the officers, it clearly showed that the Council was not using the Order to target rough sleepers; it was used to work with agencies and partners to help people. It was essential to communicate to people that the aim of the Order was to help people.

Councillor Mason confirmed that the PSPO had been useful to all agencies, including the Police and no enforcements been served on rough sleepers. The PSPO was in place to stop ASB in public areas and it was not focused on rough sleepers. It had given the Police and Council officers “tools” to assist their work and had helped to focus attention and resources on particular areas that had known problems. The consultation had been supported by 17 people, one was neutral, with seven against. It is was not a rigid policy, it was fluid and would deal with prescribed types of ASB.

It was RESOLVED that the Public Spaces Protection Order to control street drinking and outdoor sleeping be approved.