Decision details

Decision to create the 4 Public Space Protection Orders was taken at Cabinet on the 14th September 2017 (minute Cab 18/17 refers)

https://www.fenland.gov.uk/localgov/CeListDocuments.aspx?CommitteeId=136&MeetingId=426&DF=14%2f09%2f2017&Ver=2 (Minute)

https://www.fenland.gov.uk/localgov/Data/Cabinet/201709141400/Agenda/att6820.pdf (report)

There are currently 4 individual PSPO's in place that restrict or control the possession or consumption of alcohol.

The control of alcohol Order covers a wide geographic area of Wisbech.

Whilst there are 3 Orders which restrict the possession of alcohol in specific locations. These are

o          The Church Gardens of St Peter & Paul

o          Memorial Gardens

o          Tillery Field Park

The Orders were introduced on the 20th October 2017 and are subject of a 3-year review

The Orders and associated maps can be viewed at PSPO Order - Wisbech - Fenland 

The review process is a legislative requirement and the Orders can be extended, amended or discharged.

The legislation can be found at Chapter 2 Anti-social Behaviour, Crime and Policing Act 2014. Anti-social Behaviour, Crime and Policing Act 2014

Having completed the review process including consultation with key stakeholders and sought legal advice it is recommended the existing 4 PSPOs currently in place are extended for another 3-year period from 20th October 2020.

·         Section 60(1) of the act states: Before the time when a public spaces protection order is due to expire, the local authority that made the order may extend the period for which it has effect if satisfied on reasonable grounds that doing so is necessary to prevent—

o   (a) occurrence or recurrence after that time of the activities identified in the order, or

o   (b) an increase in the frequency or seriousness of those activities after that time.

·         Appendix A, contains feedback from the Fenland Community Safety partnership community survey process which has regularly identified street drinking/alcohol related ASB as a concern and Partnership Performance Data from CCTV Services, Police, Support Services and FDC Streetscene.

·         Appendix A, partnership performance data indicates there has been improvement in the situation following the introduction of the PSPO. However, incidents do continue to occur albeit at a reduced level.

·         The extension of the Order is believed necessary as prescribed in points (a) & (b) of Section 60(1) above. Namely to prevent occurrence or recurrence or an increase in the frequency or seriousness of those activities.

·         An extended Order must be for a period of time not longer than 3 years and published in accordance with the guidance of the Secretary of State.

·         The 4 PSPO’s do not impact upon Articles 10 or 11 of the HRA.

·         Section 72 also covers the need to carry out necessary consultation, publicity & notification before extending (or varying)

·         Necessary Consultation means consulting with both

o   Cambridgeshire Constabulary & Police & Crime Commissioner

o   Community representatives FDC think appropriate to consult which has included:

§  Cambridgeshire County Council

§  Cambridgeshire County Council – Public Health – Drug & Alcohol Services

§  The Church of St Peter & Paul

§  Owner or occupier of land within restricted area

§  The Church of St Peter & Paul

§  Clarion Housing

§  Horsefair Shopping Centre

§  Wisbech Town Council

§  CCC Highways

§  County Highways

·         Finally Section 72 requires Wisbech town Council and Cambridgeshire County Council to be informed of the proposed extension.

·         Publicity is not required for an extension of the Order.

·         Appendix B is a summary of the consultation responses.

·         Appendix C is the wording of the extended Order.

In summary there was full support for maintaining the existing order approved by Cabinet for a further 3 year period.

The alternative options were to either amend or discharge the 4 PSPOs. However as a result of the consultation there was agreement to extend for a further 3 years.