Agenda item

a)    To approve the undertaking of the process of considering the introduction of a new Public Spaces Protection Order (PSPO) for specific areas in Caernarfon, Cricieth and Pwllheli, in accordance with the draft Proposed Order in Appendix 1.

b)    To authorise the Head of Adults, Health and Well-being Department to undertake a consultation process for a period of 28 days, with the matter to return to Cabinet in due course for a decision whether a PSPO should be introduced in Caernarfon, Pwllheli and Cricieth.

The report was presented by the Senior Operational Officer Community Safety Partnership 

DECISION 

1. To approve the undertaking of the process of considering the introduction of a new Public Spaces Protection Order (PSPO) for specific areas in Caernarfon, Cricieth and Pwllheli, in accordance with the draft Proposed Order in Appendix 1. 

2. To authorise the Head of Adults, Health and Well-being Department to undertake a consultation process for a period of 28 days, with the matter to return to Cabinet in due course for a decision whether a PSPO should be introduced in Caernarfon, Pwllheli and Cricieth. 

DISCUSSION 

It was explained that the Anti-social Behaviour, Crime and Policing Act 2014 provides the powers for Local Authorities to introduce a Public Spaces Protection Order (PSPO) to deal with particular nuisance or problems in a specific area. It was confirmed that the police had been in contact with the Council to try and introduce a PSPO in areas in Caernarfon, Pwllheli and Cricieth. Orders are intended to deal with specific problems in specific areas that are harmful to the quality of life. It was explained that the proposed PSPO areas have been noted because of the impact of behaviour on the community, businesses and visitors. 

It was detailed that the Local Authority must be satisfied that there is reasonable ground for believing that these behaviours in a public place have had, or are likely to have, a detrimental impact on the quality of life of people in the neighbourhood. It was also explained that the activities needed to be persistent in nature and unreasonable. It was explained that the police had provided impact assessments from officers and businesses in these areas, noting evidence that antisocial behaviour by young individuals and adults included substance misuse, threatening behaviour and violence. It was detailed that this led to some individuals in the community avoiding going into businesses, and avoiding using bus shelters etc. 

It was confirmed that the Council had consulted with Local Members and the relevant town councils. It was ensured that full support was given to the orders, as well as support from Arfon and Dwyfor Meirionnydd Members of Parliament. It was explained that the Council would hold a public consultation regarding the PSPO if they were approved, before presenting a further report to the Cabinet when timely to do so. It was recognised that other options should be considered before introducing the PSPO and the Council has received comprehensive information by the police of their various commitments and the Council was satisfied that they had already used every method to address these behaviours. 

It was reported that the restrictions under PSPO consideration had been developed specifically to deal with these types of behaviours that caused the most problems, and the following restrictions were considered suitable: 

• A person shall not follow a course of conduct which causes, or which can reasonably be perceived to cause harassment, alarm, nuisance or distress. 
• A person shall not consume alcohol, or anything which an Authorised Person reasonably believes to be alcohol or a container holding alcohol, if the Authorised Person asks the person to stop drinking or to surrender the alcohol or container.  
• A person shall not loiter in a state of intoxication through consumption of alcohol or drugs. If an Authorised Person asks a person to leave the area in circumstances where the person has contravened this restriction, the person shall leave immediately. 

It was emphasised that it is only when people who drink alcohol cause antisocial behaviour or likely to cause antisocial behaviour that officers will enforce this ban. It was learned that it is not a crime to drink alcohol in a PSPO area, but it was a crime to not cooperate with a request to stop drinking or surrender alcohol. It was confirmed that the order would not impact events such as the Food Festival in Caernarfon, unless individuals caused antisocial behaviour whilst drinking. 

It was confirmed that the Equality Act 2010 set legal requirements to prepare an impact assessment for the PSPO and it was noted that there was no reason to not continue with the process deriving from the Council's impact assessment.