Agenda item

Joint report of the Director of Community Protection and the Corporate Director of Commercial and Operations

Prior to considering this item, the Chair explained that there is a small amount of confidential information relating to the report but which it is not appropriate to make public (the exempt appendix). Councillors have seen the information and did not intend to discuss it further.

Debbie Beal, Community Protection Team Enforcement Officer, presented the report and was accompanied by Melanie Fretwell, Community Protection Principle Enforcement Officer, and Thomas Henshaw, Nottinghamshire Police.

The report provides evidence which has been gathered and collated regarding some long term antisocial behaviour (ASB) issues which persistently occur on Merchant Street in Bulwell towards residents and their visitors.

The Antisocial Behaviour, Crime and Policing Act 2014, provides the Council with power to introduce a Public Spaces Protection Order (PSPO) which will prohibit specific behaviour and actions within a defined area.

Information within the report includes:

(i)  the ongoing situation which has led to the proposal for a PSPO;

(ii)  an outline the powers of a PSPO including the draft order which identifies the specific area to be covered;

(iii)  resident consultation response to proposing an order;

(iv)  an overview of property tenure, length of residency and ASB issues experienced by residents responding to the consultation;

(v)  evidence of the general and specific reported ASB which has taken place on Merchant Street;

(vi)  alternative options to a PSPO.

Councillors welcomed the proposed order and thanked the Community Protection Team for their hard work in progressing the order which, if approved, will be the first of its kind in the country.

Questions from the Committee were responded to as follows:

(a)  once the Order is in place, if the ASB issues currently experienced on Merchant Street move to a neighbouring street or area, the Order can then be extended to include other streets;

(b)  once the Order is in place the powers of civil and criminal enforcement will be strengthened.

Councillors and members of the Committee commented:

(c)  this Order will help to improve the area and sends out the right message that ASB will not be tolerated;

(d)  the Order is welcomed and this type of control should have been in place years ago;

(e)  this Order is not a reflection on a lot of good and decent people who live on Merchant Street and have been victimised. The majority of problems originate from visitors to the street.

RESOLVED

(1)  to note the evidence gathered and the results of the consultation on the proposal to introduce a Public Space Protection Order (“PSPO”) in and around Merchant Street as indicated in the draft PSPO attached at Appendix 1 to the report for the area outlined in red on the plan in the Order;

(2)  that, being satisfied that the test in section 59 of the 2014 Act is met, and having regard to the rights of freedom of expression and freedom of assembly, Area Committee authorise the Head of Legal Services to make a PSPO in the form indicated in the draft PSPO attached at Appendix 1 to the report over the land outlined in red on the plan attached to the draft PSPO to last for a period of three years from the date that it comes into force;

(3)  to authorise the Director of Community Protection to carry out the necessary advertisements and arrange for appropriate signage to be erected in accordance with the legislative requirements;

(4)  to set the Fixed Penalty amount for offences committed contrary to the PSPO at £100 if paid within 14 days, reduced to £50 if paid within 10 days.