Agenda item

Report of the Director of Community Protection

Councillor Liaqat Ali declared an interest in this item, as he is on the Board of Governors for Bentinck Primary School. Although this is considered to be a non-pecuniary interest, Councillor Ali declined to take part in discussion or voting on this item, and Councillor Anne Peach chaired this item.

David Scothern, Principal Enforcement Officer at Nottingham City Council, presented a report to the Committee on a proposed Public Spaces Protection Order, highlighting the following points:

(a)  there are long-standing issues of anti-social behaviour on an area of public footpath at the rear of Bentinck Primary and Nursery School, in an area not covered by CCTV cameras;

(b)  it has not been possible to identify perpetrators;

(c)  Public Spaces Protection Orders are an option available to Local Authorities since the implementation of the Anti-social Behaviour, Crime and Policing Act 2014;

(d)  consultation on the issue took place in July, with responses received from the school, police and 1 local resident, all supporting the proposal;

(e)  if granted, it will remain in place for a period of 3 years, which can then be extended if necessary;

(f)  if a Public Spaces Protection Order is granted, a decision is also required from the Committee on the level of the fixed penalty notice. It is an offence to breach the Order. If the fixed penalty notice is not paid it then goes to prosecution with a maximum fine of up to £1,000.00.

The Committee noted that this is an ongoing issue, and they felt that a Public Spaces Protection Order was now the only option left.

RESOLVED to:

(1)  note the evidence gathered and the results of the consultation on the proposal to introduce a Public Spaces Protection Order (“PSPO”) to restrict the use of the right of way running from Caulton Street, off Alfreton Road, Nottingham to Birkin Avenue, Nottingham as indicated in the proposed PSPO attached at Appendix 1 of the report for the area shown with a solid black line on the plan in the proposed PSPO;

(2)  authorise the Director of Legal and Democratic Services to make a PSPO in the form indicated in the proposed PSPO attached at Appendix 1 of the report over the land shown with a solid black line on the plan attached to the proposed PSPO to last for a period of three years from the date that it comes into force, being satisfied that the test in section 59 of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”) is met, having considered the likely effect of making the proposed PSPO and the availability of an alternative route, and having regard to the rights of freedom of expression and freedom of assembly;

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

(4)  set the Fixed Penalty amount for offences committed contrary to the PSPO at £70.00 if paid within 14 days, reduced to £35.00 if paid within 10 days.