Agenda item

Report of the Director of Law and Governance

The Committee considered a report of the Community Safety Officer regarding the proposed creation of a city-wide Public Spaces Protection Order (PSPO).  The previous Order had expired.  The new PSPO had conditions within it to address the unauthorised use of offroad motor bikes and other specifically mechanically propelled vehicles (MPV) in the city and it would also seek to control the drinking of alcohol in public places.

Under the Anti-Social Behaviour Crime and Policing Act 2014, local authorities must carry out a statutory consultation before implementing a PSPO.  A period of public consultation had taken place between 22 July and 19 August 2024.

The Committee noted that the report would also be considered by Cabinet at their meeting on 1 October 2024.

Members noted that the Council could only make a PSPO when it was satisfied on reasonable grounds that the activities carried out or likely to be carried out in a public place had a detrimental effect on the quality of life in the area and were persistent, continuing and unreasonable.  The Council would also need to be satisfied that the restrictions imposed were justified.

Within Coventry, the previous citywide PSPO addressed the drinking of alcohol in public places, consumption/possession of Nitrous Oxide canisters and nuisance use of MPV.

Under the Anti-social Behaviour Crime and Policing Act 2014, local authorities were required to review the conditions of the Order before renewing the Order.

The previous Order had a provision regarding Nitrous Oxide however, there had recently been a change in national legislation and the use and possession of Nitrous Oxide for anti-social purposes was now a criminal offence and as such, there was no need to make a provision in this Order.

The creation of the city-wide PSPO provided for the continued use of powers to address the following issues in Coventry:  Public consumption of alcohol and the use of off-road motorbikes.  It was recognised that both behaviours in public spaces were closely linked with anti-social behaviour.  The Order would allow authorised officers to order persons consuming alcohol in public places to stop drinking and also permit them to confiscate or dispose of cans or bottles.  The Order would also allow individuals to be challenged when consuming alcohol without the need for officers to wait for an incident to intervene.  Specific MPV usage, which includes off road motorbikes were a common problem across the city and this Order would allow people to be challenged for just being in possession of their bikes in public areas.

The Council had undertaken a statutory consultation with the Local Chief of Police, the Police Crime Commissioner, owners and occupiers of land within the affected area where reasonably practicable and appropriate community representatives.  The response from West Midlands Police had been previously circulated. The Police and Crime Commissioner was consulted but at the time of publishing this report, a response had not been received.  The response had now been received and was tabled at the meeting.

A city-wide 4 week consultation had commenced on 22 July 2024.  294 responses had been received with a large percentage of respondents believing public drinking and off road bikes were issues in the city and over 90% supported the creation of the Order to give officers powers to address them.

The Deputy Cabinet Member for Policing & Equalities, Councillor P Akhtar welcomed the proposed creation of a City-Wide Public Spaces Protection Order (PSPO), including the work of the West Midlands Police and Community Safety Officers in the scheme.  He emphasised the scheme was about early intervention, improving safety and the quality of life for the residents of Coventry and stressed the importance of reporting offences to the police or to community safety officers.

A comprehensive presentation at the meeting was provided by officers.  An Addendum to Appendix 3, Responses from Key Partners was tabled at the meeting.

The Committee considered the PSPO report, asked questions, sought assurances and made comments on a number of issues which were also to be reported to the Cabinet meeting to be held on 1 October 2024 as follows:

• Early intervention and intelligence led targeted responses used less resources and reduced pressure on other services.
• The expiry of the PSPO had seen a decline in good behaviour in the city centre, however, with the new Order in place, an improvement would be seen along with access to help and support.
• Breaches of the Order would be enforced by fixed penalty notices and recording of incidents was undertaken.
• Operation Prosperity was a West Midlands Police and local partner targeted operation in Coventry which identified and held users of illegal e-bikes accountable.
• Partnership working with Trading Standards and others was helping with early intervention in combatting Nitrous Oxide usage.
• The PSPO would be immediately enforceable once approved and recent changes in legislation mentioned in the King’s speech would make it easier for local authorities to bring in PSPO’s.
• Residents supported the PSPO; shown in the consultation results.
• Frequent monitoring and reporting around the PSPO was in place.
• The Community Safety Plan, currently out for consultation, covered behaviour not included in the PSPO, including rehabilitation of offenders, knife crime and parking.

Following discussion, the Committee highlighted a number of issues to be added to the Scrutiny Board’s Work Programmes for 2024/25.

The Chair, on behalf of the Committee, thanked officers from West Midlands Police and council officers for all their work in this regard and for their attendance at the meeting.

Members requested the following:

• Officers to liaise with public health and education colleagues regarding the supply and use of Nitrous Oxide.
• The PSPO be brought back to Scrutiny Co-ordination Commmittee prior to expiry.
• Data regarding e-bike confiscation in Operation Prosperity to be provided.

RESOLVED:-

1. That the Scrutiny Co-ordination Committee noted the report and the Addendum to Appendix 3, circulated at the meeting, and had no comments or recommendations for Cabinet at their meeting on 1^st October 2024.