Agenda item

To receive a report from the Assistant Director for Strategic Planning and Regulatory Services.

The Assistant Director for Strategic Planning and Regulatory Services submitted a report (copies of which had previously been circulated to Members)

 

The Portfolio Holder for Environment and Regulatory Services

 

(a)  provided an overview of his report to Cabinet on 5 June 2019.  Approval had been granted by Cabinet to introduce a Public Space Protection Order (PSPO) in Melton (the first stage of which would be to hold a public consultation) and this was now before Members for scrutiny;

 

(b)  highlighted that PSPOs did not only focus on dog fouling, they also covered antisocial behaviour.

 

(c)  advised that the proposed PSPO was in line with the Council’s Corporate Priorities and failure to take action on this issue would leave the Council vulnerable, due to the forthcoming repeal of the Dog Control Order (DCO).  There was a need to have a policy in place or be left in limbo.

 

A Member advised that they welcomed the proposal to introduce a PSPO.  It was good to see the Council take a proactive approach, in view of the repeal of the DCO.  The Member asked whether the Council had considered using its powers of injunction and prosecution and asked how many fines had been issued.  The Member further queried how the Council proposed to engage with the public to encourage participation in the proposed consultation (via social media, residents groups, community groups etc).

 

The Assistant Director for Strategic Planning and Regulatory Services

 

(a)  highlighted paragraph 7.1 of appendix 2 of the report (Cabinet Report dated 5 June 2019).  This set out consultation and feedback proposals, including consultation with ‘…any community representatives the Council consider necessary… The consultation will be publicised widely through the Council’s website, but also include, via press releases in local media, Facebook, e-mailing… leaving copies for public perusal in the Council offices.  Signs will also be erected in areas the order specifies, advising of the Council’s proposals.  In addition, the Council will publish a notice of its intention… in a local newspaper.’

 

(b)  advised that the Council had issued fines (the number of which would have to be confirmed outside this meeting, as the information was not on hand). He confirmed that he was not aware of any injunctions.

 

The Director for Law and Governance advised that the Council’s resources to deal with this issue included an Enforcement Officer, the Corporate Enforcement Policy and there was also a group of officers from all departments within the Council who looked at issues and considered best use of Council powers to tackle them.  Prosecutions and injunctions may be used as appropriate.

 

Another Member welcomed the proposals, commenting that antisocial behaviour was a blight on certain areas within the Borough.  

 

The Assistant Director for Strategic Planning and Regulatory Services highlighted articles 5 and 6 of appendix 1 of the report (Draft PSPO), which detailed directions to ‘move on and disperse’ and the prohibition of alcohol consumption.  The Director for Law and Governance added that public engagement was a high priority for the Council.  Members could explore options and lead on this.

 

A Member commented that the Council lacked enough enforcement staff to deal with issues.  How would the Council ensure effective enforcement?  The proposals were good but things could be missed.  Was one Enforcement Officer enough?

 

The Assistant Director for Strategic Planning and Regulatory Services advised that considerable progress had been made since the Enforcement Officer had been recruited and the Chief Executive re-assured members that issues had been identified and were being dealt with.  The Council had resources deployed to help to tackle housing related issues, including two Housing Officers and two Neighbourhood Support Officers.

 

Another Member agreed that the proposals were positive.  One Enforcement Officer may not be enough.  This would be monitored before recruiting additional staff.

 

Members highlighted several typing errors within appendix 1 and the Director for Law and Governance confirmed that these would be corrected.

 

A Member referred to paragraph 1.3 (a) of appendix 1, commenting that the use of the word ‘habitually’ could provide a dog walker with a loophole to avoid accountability, as it implied that the dog walker should be witnessed in possession of the dog more than once.  The Director for Law and Governance agreed.

 

The Member noted that there were lots of play areas within parish areas.  Would they be included in the PSPO?

 

The Assistant Director for Strategic Planning and Regulatory Services advised that the intention was to approach parishes, initiating involvement when consultation started (on 1 July).

 

Members noted paragraph 1.2 (b) of appendix 1.  The Portfolio Holder for Environment and Regulatory Services clarified that the Council would never provide the consent described here.  However, private land, subject to this consent was outside the remit of the PSPO.  The Council could not instruct the owner of private land to withhold consent.

 

Members further discussed private land accessed by members of the public and the Director for Law and Governance advised that it may be possible to prosecute under the Clean Neighbourhoods and Environment Act.  She would look into this and confirm.

 

A Member queried whether given the areas which may be subject to the PSPO, would the Council consult with others, such as Persimmon Homes and the Assistant Director for Strategic Planning and Regulatory Services confirmed that they would.

 

A Member highlighted typing errors, which were noted and would be corrected.

 

There being no further comments or questions from Members, it was

 

RESOLVED that

 

(1)  the Committee’s comments on the proposed PSPO be included for consideration when Cabinet decides whether to approve the PSPO;

 

(2)  the Committee’s comments on the arrangements for consultation be submitted to Cabinet.