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RESOLVED:
 
1. 
That
Cabinet approves that a consultation exercise in relation to the
renewing and varying the existing Public Spaces Protection Order
which would place controls on  dog
fouling, dog exclusion, dogs on leads, dogs on leads where
requested and on the maximum number of dogs that can be walked by
one person is undertaken. A copy of the proposed Order is attached
to this report as Appendix 1.
 
REASONS FOR DECISION
 
A
PSPO is a tool to ensure the law-abiding majority can use and enjoy
public spaces safe from activities which have a detrimental effect
on the quality of their life in that area. The proposed PSPO should
ensure that Hackney has an effective response to ASB in the areas
covered by the PSPO.
 
PSPOs are intended to be used to deal with a particular
nuisance or problem in an area that is detrimental to the local
community’s quality of life by putting in place conditions on
the use of that area that apply to everyone. They are designed to
ensure people can use and enjoy public spaces safe from activities
which have the requisite detrimental impact.
 
Councils can make a PSPO after consultation with the Police
and other relevant bodies and communities. The legislation sets out
a two-pronged test of which a Local Authority has to be satisfied
on reasonable grounds before a PSPO can be made. These conditions
are as follows:
 
(1) 
That the
activities carried out in a public place have had a detrimental
effect on the quality of life of those in the locality; or that it
is likely that they will have such an effect.

 
(2) 
That the
effect or the likely effect of the activities:
· 
Is (or is
likely to be) persistent or continuous.
· 
Is (or is
likely to be) unreasonable.
· 
Justifies
the restriction imposed by the notice.
 
A
PSPO must identify the public place in question and can:
 
(a) prohibit specified things being done in that public
place
(b) require specified things to be done by persons carrying
on specified activities in that place; or
(c)   do both of those
things.
 
The only prohibitions or requirements that may be imposed
are ones that are reasonable to impose in order to prevent or
reduce the risk of the detrimental effect continuing, occurring or
recurring.
 
Prohibitions may apply to all persons, or only to persons
in specified categories, or to all persons except those in
specified categories.
 
The PSPO may specify the times at which it applies and the
circumstances in which it applies or does not apply.
 
Unless extended, the PSPO may not have effect for more than
3 years.
 
Breach of a PSPO without reasonable excuse is a criminal
offence. The Police or a person authorised by the Council can issue
fixed penalty notices, the amount of which may not be more than
£100. A person can also be prosecuted for breach of a PSPO
and, on conviction, the Magistrates’ Court can impose a fine
not exceeding level 3 on the standard scale (currently
£1,000).
 
In deciding to make a PSPO the Council must have particular
regard to Article 10 (Right of Freedom of Expression) and Article
11 (Right of Freedom of Assembly) of the European Convention on
Human Rights (‘ECHR’).
 
The Council must also carry out the necessary prior
consultation, notification and publicity as prescribed by s.72 of
the Anti Social Behaviour Crime and
Policing Act 2014 (the 2014 Act).
 
In preparing this report Officers have had regard to the
statutory guidance issued by the Home Office and the Guidance on
PSPOs issued by the Local Government Association.