Minute 729 (Cabinet Agenda Item No. 9 refers)

Called-in by Councillors Cox and Davidson

The Committee considered Minute 729 of the meeting of the Cabinet held on 22 February 2022, which had been called-in for scrutiny, together with a report of the Assistant Director (Legal Services) on whether the Council should commence statutory consultation on extending and varying the Public Spaces Protection Order (Southend Town Centre, Seafront and Adjoining Areas) No 1 of 2019.

In response to questions from members of the Committee, the Cabinet Member for Public Protection confirmed that he would be prepared to extend the scope of the proposed consultation process to incorporate the area between Toledo Road and Queensway that was immediately adjacent to the existing area of designation of the PSPO, and to add reference within the consultation that the Council was minded to prohibit the use of barbeques across the area of the PSPO, including at the existing dedicated barbecue area at East Beach, Shoeburyness. In supporting the extension of the scope of the proposed PSPO consultation process, the Cabinet Member for Public Protection indicated that there was an existing evidence base of anti-social behaviour issues in the additional areas identified by the Committee.

Resolved:

That the following decisions of the Cabinet be noted:

“1. That a consultation be undertaken into the possibility of the Council extending and varying (and/or making a new) Public Spaces Protection Order (PSPO) under Sections 59, 60 & 61 of the Anti-social Behaviour (ASB), Crime and Policing Act 2014 in respect of the area and activities detailed in the submitted report.

2. That the proposed consultation process commences as soon as practically possible.

3. That delegated authority be given to the Assistant Director for Legal Services in consultation with the Cabinet Member for Public Protection to:

a) Finalise the draft PSPO to form part of the consultation;

b) Settle the final form of the consultation; and

c) explore and report back to Cabinet following the consultation any additional resource requirements to effectively enforce the PSPO.”

Note: This is an Executive Function

Cabinet Member: Councillor M Terry

Report of Executive Director (Adults and Communities) to follow

The Cabinet considered a report of the Executive Director (Adults and Communities) on whether the Council should commence statutory consultation on extending and varying the Public Spaces Protection Order (Southend Town Centre, Seafront and Adjoining Areas) No 1 of the 2019 PSPO.

Resolved:

1. That a consultation be undertaken into the possibility of the Council extending and varying (and/or making a new) Public Spaces Protection Order (PSPO) under Sections 59, 60 & 61 of the Anti-social Behaviour (ASB), Crime and Policing Act 2014 in respect of the area and activities detailed in the submitted report.

2. That the proposed consultation process commences as soon as practically possible.

3. That delegated authority be given to the Assistant Director for Legal Services in consultation with the Cabinet Member for Environment, Culture, Tourism & Planning to:

a) Finalise the draft PSPO to form part of the consultation;

b) Settle the final form of the consultation; and

c) explore and report back to Cabinet following the consultation any additional resource requirements to effectively enforce the PSPO.

Reasons for decision:

Whilst the 2019 PSPO has provided authorised council officers with an additional tool to tackle ASB, there has been a growing number of other complaints received in the last three years about the following:

• Cycling on the footway and e-scooters, particularly in the Town Centre area.
• ASB associated with the use of personal water crafts.
• ASB associated with use of BBQs on beaches.

Therefore the Council proposes to consult on all these activities and to bring the findings back to Cabinet in a report along with a summary of findings and evidence of the operation of the 2019 PSPO to then decide whether to extend and vary the 2019 PSPO or progress with any new PSPO.

Other options:

The Council could choose not to engage in the consultation process. This would result in the current PSPO expiring at midnight on the 10^th July 2022 and this enforcement power would no longer be available to Essex Police and the Council’s authorised officers for tackling ASB in the restricted area.

Note: This is an Executive Function

Called-in to: Policy and Resources Scrutiny Committee

Cabinet Member: Cllr Terry