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RESOLVED: Cabinet
approved the renewal of the existing Public Spaces Protection Order
in relation to alcohol control, which would place controls on
alcohol related ASB. The Order would be made under Section 59 of
the Anti-Social Behaviour Crime and Policing Act 2014 and would
last for a period of three years. A copy of the proposed Order was
attached to the 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.
 
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND
REJECTED
 
Not having a PSPO in place regarding alcohol
control will have a detrimental impact on the Community Safety and
Enforcement Officers in dealing with  ASB associated with the consumption of
alcohol across the borough through other means. 
 
An options analysis will be undertaken before
any decision to implement a PSPO. Cabinet will need to decide
whether or not to renew the PSPO once the outcomes of the
consultation are known and have been analysed.
 
Not renewing the PSPO would be contrary to the
need for the PSPO and public support for the PSPO. It is also
likely to result in the re-occurrence of the activities that are
detrimental to the quality of life of people who live, visit or
work in the borough that have been prevented through the
enforcement of the PSPO.