Agenda item

DECISION

That the Public Spaces Protection Order (PSPO) (Alcohol) and its enforcement provisions be extended for another three-year period, commencing from 12^th January 2021, and the area remains the same as the original order which came into force on 12^th January 2015 and which was also extended for a further 3 year period from 12^th January 2018.

Portfolio Holder and Officer

PS / PH

REASON FOR DECISION

The Leader, Councillor Paul Skinner, introduced a report relating to a review of the Council’s Public Spaces Protection Order (PSPO) relating to alcohol.

The current alcohol-related PSPO expired on 11^th January 2021, marking the end of the second 3-yearly review of the original order, which commenced on 12^th January 2015.

The Council was the first in the country to make such an order when the Government passed new legislation in late Autumn, 2014.

Since the order took effect in January 2015, only two individuals had breached the conditions set within the legislation.  This showed that the order was a powerful part of the Council’s enforcement toolbox in addressing street drinking and alcohol related nuisance and anti-social behaviour.  However, officers soon became aware that, whilst anyone caught drinking alcohol within the exclusion zone adhered to the request to leave the area or stop drinking with immediate effect, the new legislation did not stop them from returning and doing the same within days, if not hours, of being told to stop.  Therefore, officers of the Council and the Police came up with an incremental enforcement approach in addressing those few individuals and numerous other councils had since adopted this approach.

Anyone caught drinking alcohol within the exclusion zone had their name and address details taken, even if they adhered to the order by stopping drinking or were willing to leave the excluded area.  The details were sent to the Community Safety Team, who recorded the incident on their ASB Database.  Then, officers issued either a stage 1 advice letter for the first incident, a stage 2 warning letter, if they were caught again within six months of the first occasion, progressing to Community Protection Notices for the 3^rd and 4^th occasions.

Since 2015, 1205 individuals had been dealt with under this tiered approach and only 121 of those had been classified as repeat drinking.  This showed that the majority of individuals caught only need telling once, which was a real success story demonstrating that the Council used the legislation Government available, but also thought outside the box when legislation did not quite go far enough to address the issue.

In accordance with legislation, a PSPO could last no longer than 3 years without review and the time had come for the next review.

Lincolnshire Police had been consulted fully throughout the whole process and shared the Council’s view that the current order and its highlighted exclusion zone remained the correct area to focus on.  Also, they agreed that not having such an order would take away a valuable tool for the Police and Council to address concerns of street drinking and alcohol-related nuisance within Boston’s valued public spaces.

The recommendations were that the PSPO area and its enforcement provisions be extended for another three years, commencing from 12^th January 2021 when the current order expired, and that the area remained the same as the original order.  

OTHER OPTIONS OR ALTERNATIVES CONSIDERED

To discharge the order – this is not recommended as evidence has shown that behaviour identified in the original order is still occurring, mostly within the controlled area.

RECORD OF ANY CONFLICT OF INTEREST

None.

RECORD OF ANY DISPENSATION GRANTED

None.