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42 PSPO (Touting) 2016: Review PDF 190 KB
Additional documents:
Minutes:
17/34/SR Councillor Sarris did not take part in the discussion or vote on this
item.
Matter for
Decision
The report reviewed the impact of the Public Spaces Protection Order (PSPO)
(Touting) 2016 since its implementation in September last year. It considered
the successful enforcement outcomes and also the challenges and perceptions
encountered in enforcing the order. It also looked at the complaints and
observations received from the public and the public perception of what the
order could achieve to address the issues of punt touting. The report examined
the way forward to address the public concerns over touting. It also looked at
the enforcement of the PSPO and makes recommendations on the options for the
future.
Decision
of Executive Councillor for Strategy and
Transformation:
i.
Agreed
to continue with the PSPO as it is, and;
ii.
Agreed
to increase and improve the levels of enforcement;
iii.
Agreed
to improve the communications to the public around successful prosecutions and
further raise awareness around the purpose and intent of the PSPO,
iv.
Agreed
to look at the potential to amend and expand the restricted area,
v.
Agreed
to review in full the impact of the increased enforcement next October.
Reason for the Decision
As set out in the Officer’s report.
Any Alternative Options Considered and Rejected
Not applicable.
Scrutiny
Considerations
The Committee received a report from the Safer Communities
Section Manager.
Opposition councillors made the following comments in response to the
report:
i.
Highlighted that the PSPO had not worked, the
behaviour of creating a nuisance was now more prevalent.
ii.
The injunction sounded promising, asked whether there
was time estimation for the outcome of it?
iii.
Sought clarification about the problem on the
corner near John Lewis referred to in the report.
iv.
Stated that the policy was only as good as the
enforcement. Asked how many officers were responsible for enforcing the PSPO?
v.
Highlighted the importance of simplicity of any
order. Making a policy specifically applicable to a certain group in a certain
place just meant the problem moves around and was not tackled.
vi.
Asked what the best way to communicate the issue to
the public would be?
vii.
Highlighted that the Council needed to think beyond
the injunction. The punting companies involved were nimble and had so far
outmanoeuvred the Council so they would probably try a different approach to
carry out their business even if the injunction was successful.
The Safer Communities Section Manager and Head of Community Services
said the following in response to Members’ questions:
i.
Clarified that the path next to John Lewis and
Metro Bank was private so the touts stand there, this caused an issue for
enforcement.
ii.
The punting companies had found ways around the
enforcement by purposefully employing young people to tout, many were too young
to receive a fixed penalty fine.
iii.
Confirmed that there were 7 Enforcement Officers, 6
of which could enforce PSPO’s.
iv.
Discussion with Environmental Services had been
undertaken to increase enforcement.
v.
Highlighted that the complexity of the existing
agreement works well with the companies who adhered to it.
vi.
Outlined that in order for the PSPO to be enforced, when
the public complained they needed to make the distinction that the person was verbally
touting rather than just being a nuisance.
The Head of
Property Services confirmed that the hearing was supposed to be on the 3
October but had been cancelled. They
were waiting for a new date from the High Court. The full hearing would take
place a few months after the direction hearing.
The Executive
Councillor for Strategy and Transformation said the following in response to
Members’ questions:
i.
The touts had shown no respect for authority, by
flaunting the PSPO.
ii.
The City Council had prepared the ground for the
injunction and as the land owner of Garret Lane Hostel they could set their own
terms to cover the land.
iii.
The number of Enforcement Officers had doubled but
the touts recognise and avoid them. The Council was committed to stopping the
antisocial behaviour but had to judge resource against impact. If the
injunction was successful it would need to be heavily resourced.
The Committee unanimously resolved to endorse the recommendations.
The Executive Councillor approved the recommendations.
Conflicts of Interest Declared by the Executive Councillor
(and any Dispensations Granted)
No conflicts of interest
were declared by the Executive Councillor.