The Blackburn with Darwen Borough Council scheduled a meeting to discuss alley gating across the borough. The main focus was the implementation of a borough-wide Public Space Protection Order (PSPO) to manage and restrict access to alleyways in order to reduce crime and anti-social behaviour. The report pack includes several appendices providing supporting information, consultation results, and the draft PSPO.

Alley Gating Borough Wide Public Space Protection Order

The council was asked to consider the implementation of a Borough Wide Alley Gating PSPO¹ for specific alley gates within Blackburn with Darwen.

The report pack stated that the council has the power to exercise all relevant powers under the Anti-Social Behaviour, Crime and Policing Act 2014. It notes that under the act, a PSPO can only be put in place if there is evidence that activities in a public place have had a detrimental effect on the quality of life of those in the locality, and that the effect is of a persistent or continuing nature, making the activities unreasonable.

The report pack states that the council is required to seek a PSPO in order to restrict a highway using alley gates. It also states that ward members, partners, and residents have been consulted, and that it has been identified that the use of the current Alley Gates within BwD is still required.

The report pack includes several appendices:

• Appendix A - Link to All Alley Gates within BwD + Website Publish
• Appendix B - Consultation Email + Letters to Residents
• Appendix C - Resident Consultation Results
• Appendix D - Email Consultation to Statutory Partners
• Appendix E - Draft PSPO
• Appendix F – Crime Statistics with Alley Gate Focus
• Appendix G – Equality Impact Assessment

The report pack notes that the schemes detailed in the order have gone through a public consultation, which included all residents directly affected by the alley gates near their property, with a reported 75% positive response rate. Partner consultation also took place, with no formal representations received. Partners consulted included the Police, Police Crime and Commissioner, BwD Local Councillors, Lancashire Fire and Rescue Service, Highways Department, Environment Department and Youth Justice Service.

The report pack recommends that the duration of the Order should be the maximum three years as permitted by section 60 subsection 1 of the Anti-Social Behaviour, Crime and Policing Act 2014.

The reason for the recommendation is that all the criteria required as set out in the report apply and that it is reasonable to make the Order to prevent crime and anti-social behaviour.

The report pack states that alley gate schemes were first introduced in 2010 to help reduce crime and anti-social behaviour in neighbouring alleyways. It also notes that in March 2015, a decision was made that the 'Gate It Project' would no longer be funded due to budget pressures, but that the council would still support 'community gate schemes' financed by residents and local businesses. The council also agreed to pay for all maintenance of existing and new gates installed in the borough.

The report pack states that the primary purpose of the PSPO is to reduce crime and anti-social behaviour associated with alleyway use, and that the proposed Order has not been objected to by members, all of whom have been consulted.

The report pack notes that the PSPO will make it an offence for a person without reasonable excuse to engage in activity prohibited by the Order. A person found to be in breach of the Order is liable on summary conviction to a maximum penalty of a level 3 fine or to a Fixed Penalty Notice up to £100. It is proposed that this will be enforced by Police Community Safety Officers handing out Fixed Penalties in the first instance.

Draft Public Space Protection Order

The Draft PSPO included in the report pack states that the order may be cited as the Blackburn with Darwen Borough Council – Alley Gating Borough Wide – Public Space Protection Order (the Order) 2025.

The draft order proposes to restrict the public right of way (Back-street restricted) over the highways described in Schedule 1 to this Order at all times except for those persons listed in Schedule 2. It also authorises the installation of gates which will enforce the access restriction. The mentioned gates shall be maintained and operated by the Council and the correct details are: Community Safety Team (tel: 585260).and the gates are to be locked and unlocked by key holders of those listed in Schedule 2.

The draft order also states that alternative routes for vehicular and pedestrian access are as detailed in Schedule 3, and that persons, other than those persons listed in Schedule 2, who are found in the highways described in Schedule 1 will be in breach of the Order and liable to a fine or penalty described in Schedule 4.

Schedule 1 of the draft PSPO refers to a plan which is accessible on the Blackburn with Darwen Borough Council internet site.

Schedule 2 of the draft PSPO states that the restrictions shall not apply to:

• Owners or occupiers of premises adjacent to or adjoining the highway affected by the Order
• Fire brigade, police or NHS Trust / Foundation staff when in the exercise of their duties.
• Employees, contractors or agents of statutory undertakers in relation to gas, electricity or water or telecommunications apparatus as defined in the telecommunications Act 1994 situated in the relevant highway in connection with the laying, erecting, inspection, maintenance, alteration, repair, renewal or removal of any relevant apparatus.
• Council staff and its authorised contractors when in the exercise of their duties.
• Persons using the highway with the permission or on the direction of a duly authorised Council Officer in this regard.

Schedule 3 of the draft PSPO states that the alternative routes for vehicular and pedestrian access are via the highway to the front of each of the streets affected in which can be viewed in Schedule 1

Schedule 4 of the draft PSPO states:

It is an offence for a person without reasonable excuse to engage in activity that is prohibited by this order. A person found to be in breach of the Order is liable on summary conviction to a maximum penalty of a level 3 fine (£1000) or to a Fixed Penalty Notice up to £100.

The draft order states that it shall come into operation on a date to be inserted, and shall have effect for a period of 3 years thereafter, unless extended by further orders under the Council's statutory powers.

Consultation Feedback

The Resident Consultation Results include a table of responses from residents. The table includes the start and completion time of the consultation, and whether the respondent chose to remain anonymous. The table also includes responses to the questions:

• Have you experienced crime within the last 12 months?
• Do you feel safe in your local area in public within your wards?
• Do you think your community benefits from the Alley Gates?
• Have you been a victim of crime with Alley Gates near your property within the last 12 months?

The consultation also asked residents to explain why they think their community does or does not benefit from the Alley Gates, and to add any further comments. Some of the comments include:

• A resident of Audley range stated that the locks are continually broken by the chemist on the corner of Audley range, who leave the gates open all the time, as they use it to park there cars.
• A resident of Leamington Road stated that there's so many things happen in Leamington backs near the shops, including drugs, fires, and unsavoury characters in the backs at night, and that the Alley gates would be a Blessing.
• A resident of Wensley Road stated that the alley gates have made a massive difference to Wensley Road / Rawstorne Street since being installed.
• A resident of Whalley Old Road stated that the gates have definitely made a difference but they still had theft of copper pipe that was in a container, and that the council has issued keys to people that don't even live on my road & because they don't live here they don't bother closing the gates after use.
• A resident of Edith Street stated that since the gates have been put the local residents especially from Edith Street have been not respecting the use of the gates at all leaving them open all the time, due to their neglect and abuse of the use and laws around the alley gates being left open has lead to few properties being burgled and broken into and fly tipping.
• A resident of Whalley Old Road stated that there is a ginnel right next to my house where young lads constantly smoke weed, and that they also drink an leave all their empty alcohol bottles and balloon canisters in the alley.

Equality Impact Assessment Checklist

The report pack includes an Equality Impact Assessment Checklist. The checklist includes the brief description of activity as Borough Wide Alley Gating Public Space Protection Order. The checklist concludes that a full Equality Impact Assessment will not be completed.