Purpose

To extend the Wisbech PSPO on the consumption of alcohol by a further 3 years, until 2029.

Decision

AGREED to approve the extension of the PSPO for another 3 year period until 2029.

Reasons for the decision

The mapped areas suffer from the effects of alcohol consumption and is also an area where the community have indicated a fear of crime and anti-social behaviour. The use of alcohol in these areas can lead to a number of issues, including antisocial behaviour, alcohol related litter, intimidation caused by large groups gatherings etc.

Partnership performance data indicate there has been improvement in the situation following the initial introduction of the PSPO. However, incidents do continue to occur albeit at a reduced level. The extension of the Order is believed necessary as prescribed in points (a) & (b) of Section 60(2) above. Namely to prevent occurrence or recurrence, or an increase in the frequency or seriousness of those activities.

The Order is made by the Local Authority, and the Local Authority are the prosecuting agency. Enforcement of the Order can be carried out by both the Local Authority and the Police, or other authorised person if so authorised by the Local Authority.

Alongside other legislation such as the Public Order Act, Drunkenness offences, and Section 50 of the Police Reform Act, having the option to use the Public Spaces Legislation is an important part of ensuring those who can deal with anti-social behaviour have access to relevant and necessary legislation to help deal with the wide variety of alcohol related incidents that can be encountered. Some legislation allows for minimal preventative intervention, whilst other elements of legislation are higher levels of intervention such as summons to court, or an arrest. The opportunity to use the most appropriate intervention for the incident being encountered is important and underpins the appropriate, proportionate, and legitimate use of the legislation. 

The Order, whilst enforceable in its own right, also compliments the Police led partnership project, Operation Luscombe (OL). Op Luscombe is a multi-agency partnership response to deal with the underlying issues associated with people engaging in street based anti-social behaviour such as begging and street drinking.  The principle of Op Luscombe is to engage the perpetrators in a process which strives for reduction and prevention through long term engagement with the perpetrator and diversion into an appropriate support network which allows the underlying issues to be dealt with and therefore sustaining long term prevention. However, those engaged with Op Luscombe who continue to act in an anti-social manner will be the subject of escalated intervention using Community Protection Warnings, Notices and ultimately Criminal Behaviour Orders. This approach is consistent with the Council’s Enforcement Policy.  Without the PSPO in place the opportunity to refer people into Op Luscombe would be reduced and rely solely on drunkenness offences or public order offences.

Fenland District Council’s Community Safety team work closely with the Police, particularly with Operation Luscombe where joint patrols are carried out. Both Police and Community Safety feel the PSPO is a crucial tool and accompaniment for OL.

It is believed that OL has a positive effect on reducing street drinking and associated antisocial behaviour. Extending the Order would assist in continuing this success.  Having the Order in place allows the conversation to start as part of Op Luscombe and from prevention, intervention and enforcement.

Alternative options considered

The other options are to allow the Order to expire or to extend with amendment.

If the Order was allowed to expire an important tool in the District Council’s and Police’s toolkit in dealing with alcohol related ASB will have been removed. This could see an increase in alcohol related ASB within Wisbech Town Centre and could have a detrimental effect on the Operation Luscombe initiative, and the wider community.

It is not felt necessary to seek an amendment to the Order based upon consultation feedback.