Agenda item

Implementation of a Public Space Protection Orders for West Bromwich Town Centre

To consider proposals to introduce a Public Spaces Protection Order (PSPO) for West Bromwich Town Centre.

Minutes:

Approval was sought for a proposal to implement a Public Space Protection Orders (PSPO) for West Bromwich Town Centre.

 

The Cabinet Member for Community Safety presented the report and underlined that the main aim of this measure was to enable Council officers and partners to better engage with people who were vagrant or suffering from addiction. The measure should be managed appropriately and not become a means of criminalising people who were already poor and in crisis.

 

It was underlined that 84% of respondents to public consultation were in favour of renewing the order and a significant number of respondents expressed concerns about going to West Bromwich town centre. It was highlighted that responses from public consultation underlined the need for PSPO to be in place alongside measures such as engagement. It was deemed vital that agencies work together and with people affected to intervene in a manner proportionate to the scale of each case.

 

The Cabinet Member for Community Safety asked officers to investigate the effectiveness of PSPO given that for the last 18 months no penalty notices were given mainly due to people not visiting shops during COVID pandemic, and that only 66 penalty notices were handed during the first 3 years of operation of the PSPO (1 August 2018 to 31 July 2021).

 


 

Officers were asked to investigate how to raise awareness of wardens and public with regards to the prohibition on parking on footpaths as in the first 3 years of PSPO operation in West Bromwich town centre no fine was issued for this offence.

 

Officers were also asked to investigate the possibility of extending the PSPO in respect of parking on footpaths to the rest of the borough.

 

In response to concerns raised by the Chair of the Economy, Skills, Transport and Environment Scrutiny Board that anti-social behaviour remained a serious issue in the borough, the Cabinet Member for Community Safety responded it was the intention of the Council to liaise with police and other agencies to find ways of being more effective and proactive in enforcing the PSPO. It was also deemed important to allocate a councillor to sit on the Board of West Bromwich Business Improvement District (BID).

 

Reasons for Decision

In August 2018, following significant consultation and public support, SMBC introduced the West Bromwich Town Centre Public Space Protection Order (PSPO). PSPOs last for up to 3 years and then need to be reviewed. This PSPO expired on the 1 August 2021, however, public consultation and a review of the first 3 years had shown there was ongoing support for continuing with a new PSPO as part of a suit of measures to tackle anti-social behaviour within the town centre.

 

Since its introduction, 66 Fixed Penalty Notices (FPNs) had been issued. However, as well as providing useful enforcement powers, this PSPO had provided additional engagement opportunities to improve behaviour and enable support to be offered where necessary. This PSPO was to operate in tandem with the Boroughwide Alcohol PSPO which was renewed in March 2021. The powers of both complemented each other, particularly in relation to homelessness, street drinking and causing harassment, alarm and distress, all of which remain issues in Sandwell.

 

The implementation of a new PSPO would ensure that we continue to have a wide range of powers available as part of a toolkit of measures to tackle these areas of ongoing concern in West Bromwich Town Centre.

 

The PSPO was supported by Sandwell’s Multi Agency Borough Tasking Group, particularly as part of this toolkit.

 

A public consultation on the proposed PSPO was undertaken between 10 May and 16 July 2021 and showed that in areas proposed to be covered by the PSPO residents and businesses remained concerned, with 87% supporting the continuation of the PSPO.

 

Alternative Options

An alternative option would be to not renew the implementation of the PSPO in West Bromwich Town Centre and rely on other controls. Sandwell had a number of controls in place in relation to these issues for many years, but despite these, local businesses and residents had continued to support the implementation of this PSPO to provide additional controls as part of a wider toolkit of measures.

 

Both enforcement and engagement figures would indicate that PSPO was used and was still needed to deal with complex cases and to provide reassurance to residents. The PSPO was also supported by partners to ensure direct action was taken using the most suitable tools and powers as required in each case. Not renewing PSPO powers and dealing with any issues individually would require additional resources and would not enable the engagement opportunities that could be utilised as part of PSPO. This was not recommended.

 

Agreed:-

 

(1)     that the implementation of the proposed Public Spaces Protection Order (PSPO) for West Bromwich, which prohibits the following behaviour, be approved:

 

(a)     Acting or inciting others to act in a manner that causes, or is likely to cause, harassment alarm or distress to any person;

 

(b)     Threatening any person with violence and /or being verbally abusive towards any person;

 

(c)     Begging or asking members of the public for money or loitering for the purpose of begging or asking members of the public for money;

 

(d)     Causing a motor vehicle or trailer to stand on a road and /or footpath so as to cause any unnecessary obstruction of the road and /or footpath;

 

(2)     that the proposed order be published in accordance with the regulations published by the Secretary of State and that the proposed order be made accessible and available via the council website;

 

(3)     that the Public Spaces Protection Order for West Bromwich be effective for a period of 3 years, covering the area as shown in Appendix 3.

 

 

Supporting documents: