Issue details

Decision Being Taken
1. The Executive Board note the results of the consultation on the proposal to extend the Public Spaces Protection Orders referred to as Orders 1 – 8 (listed below) for a further three years from 18 October 2023 until 17th October 2026:-
i. Nottingham City Council (Alcohol Consumption in Public Places) Designation Order 2005 (‘Order 1’) (a copy of which is at Appendix 1)
ii. Nottingham City Council (Hyson Green) Alcohol Consumption in Public Places) Designation Order 2006 (‘Order 2’) (a copy of which is at Appendix 2)
iii. Nottingham City Council (Sneinton, Forest and Mapperley) Alcohol Consumption in Designated Public Places Order 2008 (‘Order 3’) (a copy of which is at Appendix 3)
iv. Nottingham City Council Basford Designated Public Place Order 2011 (‘Order 4’) (a copy of which is at Appendix 4)
v. Nottingham City Council St Ann’s Designated Public Place Order 2011 (‘Order 5’) (a copy of which is at Appendix 5)
vi. Nottingham City Council St Anns and Sneinton Designated Public Place Order 2011 (‘Order 6’) (a copy of which is at Appendix 6)
vii. Nottingham City Council (Arboretum and Radford & Park) Alcohol Consumption in Designated Public Places Order 2013 (‘Order 7’) (a copy of which is at Appendix 7)
viii. Nottingham City Council (City Wide Extension) Alcohol Consumption in Designated Public Places Order 2014 (‘Order 8’) (a copy of which is at Appendix 8)

2. That, being satisfied that the test in Section 59 of the Anti-Social Behaviour, Crime and Policing Act is met, and having regard to the rights of freedom of expression and freedom of assembly, the Executive Board authorise extension of Orders 1-8 (inclusive) referred to in recommendation 1(i)-(viii) above for a further three years from 18 October 2023.

3. In the event that a decision is made to extend Orders 1-8 under recommendation 2 above, the Executive Board authorise the Director of Communities to carry out the necessary advertisements and arrange for the appropriate signage to be erected in accordance with the legislative requirements for each Order as extended.

Reasons for the Decision(s)
Orders 1 – 8 as detailed in the Decision were all made under section 13(2) of the Criminal Justice and Police Act 2001 (“the 2001 Act”) by Nottingham City Council between 2005 and 2014 and were originally known as Designated Public Place Orders or “DPPOs”. Orders 1 - 8 were made with a view to address issues with the consumption of alcohol in public places across the Administrative Area of Nottingham.
Section 13 of the 2001 Act was repealed by the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”), but DPPOs made under the 2001 Act remained in force as DPPOs until 20 October 2017 when they then effectively became Public Spaces Protection Orders made under the 2014 Act (“PSPOs”).
Orders 1 – 8 as amended by the 2014 Act prohibit the consumption of alcohol in public places as specified in the 2014 Act within the area covered by the Orders, give the power to PCSO, the Police and authorised officers of the Council to require a person not to consume/surrender alcohol, and it is an offence to fail to comply with this requirement.
A PSPO may not have effect for a period of more than 3 years, unless first extended under section 60 of the 2014 Act, and therefore Orders 1 – 8 initially remained in effect as PSPOs for three years from 20 October 2017, expiring on 19 October 2020.
On 21 July 2020, in accordance with the provisions of the 2014 Act and Regulations made under it, the Executive Board authorised the extension of Orders 1 – 8 for a further three years, so that they will now all expire on 18 October 2023 unless first further extended.
Under section 60(2) of the 2014 Act Orders 1- 8 can be extended for up to three years if, before the Orders are due to expire, the Council is satisfied on reasonable grounds that doing so is necessary to prevent the –
(a) Occurrence or recurrence after that time of the activities identified in the Orders, or
(b) An increase in the frequency or seriousness of those activities after that time.
Section 60(4) of the 2014 Act confirms that a PSPO may be extended under the provisions of section 60 more than once.
Section 72 of the 2014 also applies, which contains provision relating to convention rights, consultation, publicity and notification requirements. This report seeks authority for an extension to Orders 1 – 8 for a further three years.
Background
When considering whether to extend a PSPO the Council must have particular regard to the rights of Freedom of Expression and Freedom of Assembly set out in Articles 10 and 11 of the Convention. Under section 72(4) of the 2014 Act the Council must also consult with
(a) The Chief Officer of police and the local policing body for the police area that includes the restricted area
(b) Whatever community representatives the local authority thinks it appropriate to consult with and
(c) The owner or occupier of land within the restricted area.
On 16th March 2023 date the Portfolio Holder for Neighbourhoods, Safety and Inclusion Neghat Khan authorised the formal consultation on the proposal to extend Orders 1 – 8 for a further three years from 18 October 2023.
Formal consultation on the proposed extension of Orders 1 – 8 commenced on 30th March 2023 and concluded on 1st May 2023.
The Council has consulted the Police and Crime Commission and the Chief Constable of Nottinghamshire Police on 30th March 2023.
The Council must also publicise the proposed extensions of the Orders on the Council’s website. The notice of proposal to extend the Orders was publicised on the Council’s website on 30th March 2023 and was removed on 2nd May 2023.
No responses were received from members of the public or businesses in Nottingham. The Police and Crime Commissioner and the Chief Constable of Nottinghamshire Police fully support the extension of Orders 1-8 for a further 3 year period and have commented that “this PSPO is an essential tool in reducing the risks inherent to the city centre, particularly in relation to anti-social street drinking during the day and incidents of violence and disorder associated with the policing of sporting events and night time economy policing.”
Evidence to date indicates that Orders 1 – 8 have been effective in deterring anti-social behaviour. As detailed in the Delegated Decision Making report which authorised the formal consultation on the proposed extension of the Orders, the powers have been used over 5000 times over the past three years and they have been critical in supporting the Council’s aims of dealing effectively with alcohol related anti-social behaviour. Without the use of these powers, it is expected that alcohol related anti-social behaviour would increase exponentially causing significant problems for businesses, citizens and visitors to Nottingham. If Orders 1 – 8 are not first extended, they will all expire on 18 October 2023. It is felt that these Orders are required to:-
a) Reduce crime and anti-social behaviour, including nuisance and disorder arising from people drinking alcohol in the public spaces covered by the Orders within Nottingham City Council’s administrative area;
b) Improve the quality of life and enjoyment of the area by residents, businesses and visitors.