Report of Executive Director (Neighbourhoods and Environment) to follow

The Cabinet considered a report of the Executive Director (Neighbourhoods and Environment) presenting the responses to the public consultation findings regarding proposals for a car cruise PSPO.

Resolved:

1. That the responses to the consultation, as set out at Appendix 2 to the submitted report, be noted.

2. That the draft Public Spaces Protection Order (Car Cruise PSPO) No.1 of 2023, be implemented.

Reasons for decision:

The introduction of a PSPO will provide a more efficient, tried and tested mechanism to replace the existing injunction to address ASB occurring at car cruises.  It will give powers to both Police and Community Safety Officers (and / or other designated Council officers) to address anti-social behaviour associated with care cruises in the city.

Other options:

The Council could choose not to renew the existing car cruise injunction.  This would result in the car cruise injunction expiring at midnight on the 11^th April 2023, and this enforcement power would no longer be available to Essex Police and the Council’s authorised officers for tackling ASB.

Note: This is an Executive Function

Referred direct to Special Policy and Resources Scrutiny Committee

Cabinet Member: Cllr Terry

Minute No. 623 (Cabinet Book 5, Agenda Item No. 15 refers)

Called-in by Councillors Cox and Davidson

The Committee considered Minute 623 of the meeting of the Cabinet held on 12 January 2023, which had been called-in for scrutiny, together with a report of the Executive Director (Neighbourhoods and Environment) highlighting that the existing car cruise injunction would expire on 12 April 2023 and seeking consideration as to whether the Council should apply to extend the injunction or commence statutory consultation on changing the injunction to a Public Spaces Protection Order (PSPO). 

At the request of councillors, the Cabinet Member for Public Protection confirmed that he would be willing to circulate the draft PSPO to all members of the Committee to enable them to make comment on the draft PSPO and to hold a meeting of the Public Protection Working Party as soon as possible to consider any feedback received, to inform the consultation on the PSPO.

Resolved:

That the following decisions of the Cabinet be noted:

“1. That consultation be undertaken into the possibility of the Council implementing a Public Spaces Protection Order under Sections 60 & 61 of the Anti-Social Behaviour, Crime and Policing Act 2014 in respect of the area and activities detailed in Appendix 2 to the submitted report.    

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

3. That authority be delegated to the Executive Director (Neighbourhoods and Environment) and Director of Public Protection to:

a) Finalise the draft PSPO to form part of the Consultation.

b) Agree the final form of the Consultation.

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

Note: This is an Executive Function

Cabinet Member: Councillor M Terry

Report of Executive Director (Neighbourhoods and Environment)

The Cabinet considered a report of the Executive Director (Neighbourhoods and Environment) highlighting that the existing car cruise injunction expires on 12^th April 2023 and seeks consideration whether the Council should apply to extend this injunction or commence statutory consultation on changing this injunction to a Public Spaces Protection Order (PSPO). 

Resolved:

1. That consultation be undertaken into the possibility of the Council implementing a Public Spaces Protection Order under Sections 60 & 61 of the Anti-Social Behaviour, Crime and Policing Act 2014 in respect of the area and activities detailed in Appendix 2 to the submitted report.    

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

3. That authority be delegated to the Executive Director (Neighbourhoods and Environment) and Director of Public Protection to:

a) Finalise the draft PSPO to form part of the Consultation.

b) Agree the final form of the Consultation.

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

Reasons for decision:

1. The existing car cruise injunction is against “persons unknown”, and therefore there could be no realistic way of ensuring every participant in a cruise was aware about the injunction prior to attending the City.

2. The process for recording a breach against a person’s unknown under the current car cruise injunction is time consuming and does not enable a prompt deterrent response when breaches occur.  The process of serving an FPN against a breach of a PSPO is dealt with far quicker and is more expedient to serve.

Other options:

1. To apply to the High Court to extend the existing car cruise injunction for a further period.

2. Not to renew the existing car cruise injunction or engage in the consultation process for a PSPO.  This would result in the car cruise injunction expiring at midnight on 11th April 2023, 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

Eligible for call-in to: Policy and Resources Scrutiny Committee

Cabinet Member: Cllr Terry

The Cabinet considered a report of the Executive Director (Neighbourhoods and Environment) highlighting that the existing car cruise injunction expires on 12^th April 2023 and seeks consideration whether the Council should apply to extend this injunction or commence statutory consultation on changing this injunction to a Public Spaces Protection Order (PSPO). 

Resolved:

1. That consultation be undertaken into the possibility of the Council implementing a Public Spaces Protection Order under Sections 60 & 61 of the Anti-Social Behaviour, Crime and Policing Act 2014 in respect of the area and activities detailed in Appendix 2 to the submitted report.    

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

3. That authority be delegated to the Executive Director (Neighbourhoods and Environment) and Director of Public Protection to:

a) Finalise the draft PSPO to form part of the Consultation.

b) Agree the final form of the Consultation.

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

Reasons for decision:

1. The existing car cruise injunction is against “persons unknown”, and therefore there could be no realistic way of ensuring every participant in a cruise was aware about the injunction prior to attending the City.

2. The process for recording a breach against a person’s unknown under the current car cruise injunction is time consuming and does not enable a prompt deterrent response when breaches occur.  The process of serving an FPN against a breach of a PSPO is dealt with far quicker and is more expedient to serve.

Other options:

1. To apply to the High Court to extend the existing car cruise injunction for a further period.

2. Not to renew the existing car cruise injunction or engage in the consultation process for a PSPO.  This would result in the car cruise injunction expiring at midnight on 11th April 2023, 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