At its meeting on 14 March 2018 the Executive Committee considered the implementation of a Public Spaces Protection Order under S59 of the Anti-Social Behaviour, Crime and Policing Act 2014 and the introduction of fixed penalty notice fines for all controls contained in the Order and it was RECOMMENDED TO COUNCIL:  

1.   That a Public Spaces Protection Order be implemented under S.59 of the Antisocial Behaviour, Crime and Policing Act 2014 as set out at Appendix A to the report.

2.   That Fixed Penalty Notice fines of £100 be introduced for all controls contained in the Public Spaces Protection Order.  

95.1           At its meeting on 14 March 2018, the Executive Committee had considered the implementation of a Public Spaces Protection Order under S.59 of the Anti-Social Behaviour, Crime and Policing Act 2014 as well as the introduction of Fixed Penalty Notice fines for all controls contained in the Order. The Executive Committee had recommended that a Public Spaces Protection Order be implemented under S.59 of the Anti-Social Behaviour, Crime and Policing Act 2014; and that Fixed Penalty Notice fines of £100 be introduced for all controls contained in the Public Spaces Protection Order.

95.2           The report which was considered by the Executive Committee had been circulated with the Agenda for the current meeting at Pages No. 17-26.

95.3           The recommendation from the Executive Committee was proposed by the Chair of the Committee and seconded by the Lead Member for Clean and Green Environment.

95.4           During the discussion which ensued, clarification was requested on whether dog fouling would be the subject of the Order when it took place in the countryside and, in response, the Head of Community Services confirmed that the Order would apply to all public open land in the Borough. Another Member questioned how this would work when it was a field with a public right of way across it and whether the Order would apply only to the path. The Head of Community Services indicated that he would have to investigate the issue and respond following the meeting. In terms of enforcement, and the training of staff, the Head of Community Services explained that a number of Officers were currently trained in issuing Fixed Penalty Notices and were already doing that for other offences. It was intended that this would be rolled out to other Officers who were not currently trained. In response to a query regarding safety, the Head of Community Services explained that Officers were able to carry out dynamic risk assessments before approaching members of the public to ensure it was safe to do so. There would be a number of different campaigns throughout the year - e.g. flytipping, litter, dog fouling - and the Council’s resources would be particularly focussed on those areas at that time; Officers would, of course, still be able to address other issues at those times should the need arise. Members of the public were also encouraged to report particular issues/culprits if they were aware of them.

95.5           One Member expressed particular concern about the number of complaints he received with regard to dog bins being full; he questioned how the Council could fine people for not clearing up after their dogs when often they had nowhere to put the waste. In response, a number of Members suggested that people should be encouraged to report bins that were full and they would then be emptied. In addition, it should be remembered that litter bins could also be used for dog waste. The Head of Community Services confirmed that there would be an educational campaign following the implementation of the Order and this would include the fact that it was an offence not to have the means to clear up after a dog, as well as not to actually clear up the waste, and also that litter bins could be used for dog waste.

95.6           Accordingly, it was

                  RESOLVED          1.    That a Public Spaces Protection Order be implemented                                          under S.59 of the Anti-Social Behaviour, Crime and                                                   Policing Act 2014, as set out at Appendix A to the report.

2.   That Fixed Penalty Notice fines of £100 be introduced for all controls contained in the Public Spaces Protection Order.