Decision Maker: Director CE

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: No

Date of Decision: October 3, 2025

Purpose:

Content: 1. The constitution gives to the Director, Chief Executive’s Department the following delegated power: (t) ‘To exercise all relevant powers under the Anti-Social Behaviour, Crime and Policing Act 2014 2. Under the Anti-Social Behaviour Crime and Policing Act 2014 (the Act) section 59 (1) (a) Public Space Protection Order (PSPO) can only come into being if there is evidence of the following two matters so that the local authority can be satisfied on reasonable grounds that they have reached the correct threshold: (a) activities carried on in a public place within the authority's area have had a detrimental effect on the quality of life of those in the locality, or it is likely that activities will be carried on in a public place within that area and that they will have such an effect. (b) the effect, or likely effect, of the activities is, or is likely to be, of a persistent or continuing nature and is, or is likely to be, such as to make the activities unreasonable, and justifies the restrictions imposed by the notice. 3. Under s64 (1) of the Act where a PSPO is likely to restrict a public right of way over a highway the Council must consider the likely effect of making the order on the occupiers of premises adjoining or adjacent to the highway and the likely effect of making the order on other persons in the locality and in a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route. The Council has considered this in making the Order and identified alternative routes. Also under s64 (2) before making such an order a local authority must— Page 2 Agenda Item 1 RDA: V6/23 Page 2 of 5 (a) notify potentially affected persons of the proposed order, (b) inform those persons how they can see a copy of the proposed order (c) notify those persons of the period within which they may make representations about the proposed order, and (d) consider any representations made. Potentially affected persons are defined as occupiers of premises, adjacent to or adjoining the highway, and any other persons in the locality who are likely to be affected by the proposed order. This requirement is in addition to the consultation. Each person will have been notified by letter or email, sent to every household that adjoins the highway affected and were given the opportunity to make representations. In order to restrict a highway using alley gates, the council are required to seek a Public Space Protection Order. Further to consultation with ward members, partners and residents it has been identified that the use of the current Alley Gates within BwD is still required. See Appendix F – Crime Statistics with Alley Gate focus. The schemes detailed in the order have gone through a public consultation (which includes all residents who are directly affected by the Alley Gates Near their property) with a 75% positive response rate from residents. Partner consultation has also taken place in which we had received no formal representations on the order. The Partner Consultation consists of the Police, Police Crime and Commissioner, BwD Local Councillors, Lancashire Fire and Rescue Service, Highways Department, Environment Department and Youth Justice Service.   The following are appended to this report: Appendix A – Link to All Alley Gates within BwD + Website Publish Appendix B – Consultation Letter / Email Appendix C – Local Consultation Responses Appendix D – Email Consultation to Statutory Partners Appendix E – Draft PSPO Appendix F – Crime Statistics with Alley Gate Focus Appendix G - Equality Impact Assessment Duration of orders It is proposed that the duration of the Order should be the maximum three years as permitted by section 60 subsection 1 of the Act