Proposed City Centre Public Spaces Protection Order (PSPO) Consultation Outcomes , Community Protection S40(2)
Legislation • Under the ASB, Crime and Policing Act 2014 (2014 Act), a Local Authority can make a PSPO if they are satisfied, on reasonable grounds, that a) Activities carried on in a public place have had a detrimental impact on the quality of life of those in the locality, or it is likely that such activities will be carried on and they will have that effect and b) The effect/likely effect of the activities is/or is likely to be persistent/continuing in nature, is likely to be such as to make the activities unreasonable and justifies the restrictions imposed
Requirement to consult • Before making a PSPO the Council has to carry out consultation as prescribed by the 2014 Act. This includes consulting with a) the Chief Officer of Police, and the local policing body, for the police area that includes the restricted area b) Whatever community representatives the Council thinks it appropriate to consult c) the owner and occupier of land within the restricted area, so far as is reasonably practicable • At the point of consultation on the proposed PSPO the Council must also publish the text of the proposed order
Consultation Process • 6 week consultation period 23 August – 3 October • Draft order, FAQs and associated information placed on Council website • Face to Face surveys undertaken by CPOs • Survey link provided to BID and Creative Quarter • Consultation brought to attention of other interested parties • Media articles at outset of consultation – NEP, BBC Radio Nottingham
Consultation Process Consultation brought to attention of • Police • Police and Crime Commissioner • Institute of Fundraising • Big Issue • BID • Creative Quarter • Keep Streets Live • Equity • NCVS • Nottingham City Homes • Universities • Others whose land affected (Churches/Car Park providers)
Consultation Responses • 547 survey responses via face to face surveys or via BID/Creative Quarter members • 33 other responses – 20 from members of the public, 13 from organisations including Police BID Liberty Big Issue Keep Streets Live Musicians Union Manifesto Club Equity Institute of Fundraising Emmanuel House Churches x 2
Survey Responses How strongly do you agree or disagree that the Council should have the power to take action against people who obstruct access to buildings, prevent or hinder cleansing operations or hinder vehicles or pedestrians on the highway? 350 304 300 250 197 200 150 100 50 31 10 1 0 Strongly agree Agree Neither agree nor Disagree Strongly disagree disagree
Survey Responses How strongly do you agree or disagree that the Council should control the numbers of people making unsolicited requests for money such as those undertaking on street charity collections? 350 300 288 250 192 200 150 100 44 50 17 5 0 Strongly agree Agree Neither agree nor Disagree Strongly disagree disagree
Survey Responses How strongly do you agree or disagree that Big Issue sellers should only sell from approved pitches, and wear appropriate means of identification? 350 299 300 250 200 176 150 100 59 50 8 3 0 Strongly agree Agree Neither agree nor Disagree Strongly disagree disagree
Survey Responses How strongly do you agree or disagree that the Council should have the power to ask those busking to cease if they are causing an unreasonable disturbance to others in the locality? 300 271 250 196 200 150 100 53 50 19 6 0 Strongly agree Agree Neither agree nor Disagree Strongly disagree disagree
Survey Responses How strongly do you agree or disagree that the Council should require those who distribute free material in the City Centre to obtain permission prior to doing so, to enable us to ensure that, for example, they clean up after any distribution? 300 274 250 202 200 150 100 41 50 21 8 0 Strongly agree Agree Neither agree nor Disagree Strongly disagree disagree
Survey Responses How strongly do you agree or disagree that the Council should require those using mobile advertisements such as placards or human A Boards to obtain permission prior to doing so? 250 194 200 175 150 120 100 50 40 10 0 Strongly agree Agree Neither agree nor Disagree Strongly disagree disagree
Survey Responses How strongly do you agree or disagree that the Council should issue fines to anyone who urinates or defecates in the street? 500 432 450 400 350 300 250 200 150 83 100 50 12 10 4 0 Strongly agree Agree Neither agree nor Disagree Strongly disagree disagree
Survey Responses How strongly do you agree or disagree that the Council should take more action against people who use psychoactive substances (Mamba/Spice) in the City Centre? 450 404 400 350 300 250 200 150 88 100 50 26 10 8 0 Strongly agree Agree Neither agree nor Disagree Strongly disagree disagree
Police response “I have read the attached PSPO and viewed the map. I fully support the proposed PSPO within the geographic area outlined within the map. I believe this will assist our Officers and staff to deal effectively with and reduce incidents of anti-social behaviour and drug use. This will have a positive effect on those living, working and visiting the City Centre to ensure they feel safe. CI will be your contact if the PSPO is S40(2) introduced, to ensure that Nottinghamshire Police Officers and staff make full use of the order where appropriate”. Superintendent S40(2)
Concerns raised A variety of concerns have been raised with regards the proposed PSPO which broadly relate to the following • Nature of the consultation • Impact of the proposals on the homeless/vulnerable • Busking/Street Entertainment • Big Issue
Concerns raised – Survey/Consultation • Survey psychologically biased • Survey nor distributed widely enough • Not all citizens would want to interact with CPOs to complete survey • Consultation not flagged prominently enough on Council website
Concerns raised – Impact on vulnerable • Concerns raised by a variety of responders including Liberty, Manifesto Club, Emmanuel House, members of the public • Targeting/criminalising homeless/rough sleepers/beggars contrary to Government guidance on PSPOs • Designed to sweep homeless from the street as impossible for them not to breach the order (i.e. person rough sleeping in doorway will automatically be in breach) • Definitions (i.e. free matter) are too wide and vague and would criminalise acts of kindness/charitable giving such as giving of a sandwich • Financial penalty won’t help as vulnerable unable to pay/Infringement of human rights • Purely punitive and no attempt to solve homelessness issue
Concerns Raised - Busking • Responses from Keep Streets Live, Musicians Union, Equity and local buskers. Local buskers submitted petition with 670 signatures • National groups object to all of the provisions of the PSPO and prefer Code of Practice approach. Feel PSPO targets all busking irrespective of disturbance • Local buskers object to authorised pitches – suggest that sensitive areas are identified as no busking areas or more pitches are identified • Local buskers agree with Code of Practice approach but accept those causing ASB should be addressed • Local buskers concerned that PSPO (free matter) will prevent them offering CDs to the public for a donation
Concerns Raised – Big Issue • Keen to continue to work with the City Council • Wish to negotiate over suggested Authorised Pitches to prevent lowering of number and loss of training pitches • Request change in wording of the PSPO to reflect the reality of the day to day situation i.e. most but not all Big Issue sellers wear tabards, but all wear badges.
Possible amendments • Consider with Legal whether requirement can be added to ensure homeless receive offer of accommodation before enforcement action is taken under the PSPO • Add ask and warn requirements to the Obstruction/Unauthorised Request clauses to address the fear that people will be criminalised without warning • Seek to clarify in PSPO or supporting guidance that will not seek to criminalise acts such as the giving of a sandwich • Further discussions with Big Issue to agree appropriate wording and authorised pitches • Further discussions with local buskers to agree issues regarding busking locations and to identify means to permit them to offer CDs
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