Venue: The Paralympic Room, Aylesbury Vale District Council, The Gateway, Gatehouse Road, Aylesbury, HP19 8FF
Contact: Craig Saunders , Email: firstname.lastname@example.org;
To approve as a correct record the Minutes of the meeting held on 28 May, 2019.
That the Minutes of the meeting held on 28 May, 2019, be approved as a correct record.
For Members to consider the attached report.
Contact officer: Simon Gallacher 01296 585083
The Committee received a report following a review that had been undertaken of the Public Space Protection Orders (PSPOs) that were in place for the Aylesbury Town Centre, Alfred Rose Memorial Park, Bedgrove Park and the Edinburgh Playing Fields. Members attention was drawn to paragraph 3.24 of the report which should have stated that the PSPO for the three parks was being varied rather than extended.
Following the Licensing Committee meeting on 28 May, 2019, a 6 week period of public consultation had been held on the PSPOs and Members were asked to consider the responses and all the additional available evidence prior to making a decision.
PSPOs had been introduced under the Anti-Social Behaviour, Crime and Policing Act 2014 as a means to tackle anti-social behaviour. They were designed to deal with a particular nuisance or problem in a specific area that was having a detrimental effect on the quality of life of the local community. This was achieved by imposing conditions on the use of that area that apply to everyone. They were intended to help ensure that the law abiding majority can use and enjoy public spaces, safe from anti-social behaviour.
Local Councils were responsible for making PSPOs, and within Aylesbury Vale, decision making responsibility on this matter had been delegated to AVDC’s Licensing Committee.
A PSPO could be made if the Council was satisfied on reasonable grounds that the activity or behaviour concerned would be carried out, or was likely to be carried out, in a public space. This related to the activity or behaviour:-
· Having a detrimental effect on the quality of life of those in the locality.
· Being persistent or continuing in nature.
Justification would also need to be given for the restriction imposed. A PSPO had to identify the public space to which it applied (‘the restricted area’ within which the impact was or was likely to occur) and could make requirements or prohibitions, or both, within that area. This meant that the Council could, by virtue of the order, require people to do specific things in a particular area or not to do things. The Council could grant the prohibitions, or requirements, where it believed that they were reasonable and proportionate in order to prevent, or reduce, the detrimental impact. The order could be made so as to apply to specific people within the area, or to everybody. It could apply at all times, or within specified times, and equally to all circumstances, or specific circumstances.
Failure to comply with a prohibition or requirement within the order was an offence and a defendant could face a fine of up to £1000 (£500 for offences involving the consumption of alcohol). Breaches of the order could also be discharged by use of a fixed penalty notice, up to £100.
The Council generally considered enforcement action as the last resort, and a decision to take formal enforcement action would be determined by the individual circumstances of a particular case. Enforcement action could only be ... view the full minutes text for item 2.