Agenda item

To implement a Boroughwide Public Space Protection Order for Nitrous Oxide making it an offence for any person not to surrender any nitrous oxide canisters.

Consideration was given to approve the implementation of a Boroughwide Public Space Protection Order for Nitrous Oxide making it an offence for any person, when requested by an authorised officer, not to surrender any nitrous oxide canisters, with effect from 1 December 2021 for a period of 3 years.

Implementation of this Boroughwide Public Spaces Protection Order (PSPO) would give designated officers powers to seize and dispose of any canisters found in a person’s possession, in a similar way to the Boroughwide Alcohol PSPO already in place.

It was intended to help combat crime and Anti-Social Behaviour in the Borough and support public health. It would also provide a public statement of intent and provide residents with assurance that SMBC were listening to their concerns and taking appropriate action.

In response to questions raised by the Chair of Economy Skills Transport and Environment Scrutiny Board in relation to what the Council could do to lobby the government against the widespread usage of laughing gas, the Cabinet Member for Community Safety highlighted that the misuse of nitrous oxide cannisters was a national problem. On 3 September 2021, the Home Secretary commissioned the Advisory Council for the Misuse of Drugs (ACMD) to review nitrous oxide harms.

Dependent on the ACMDs findings, this may result in NOS being scheduled under the Misuse of Drugs Regulations 2001, making possession for recreational purposes an offence. Sandwell Council would be part of this review led by Public Health and would respond in writing to the Advisory Council. Sandwell would also continue to work on this regionally through our work with the Police and Crime Commissioner and through the West Midlands Community Safety Partnership.

Reason for Decision

The implementation of a PSPO would increase the range of powers available to tackle this issue which was a considerable concern across the Borough.

As well as providing useful enforcement powers such an order, it also provided additional engagement opportunities to improve behaviour and enable support to be offered where necessary.

This PSPO was supported by Sandwell’s Multi Agency Borough Tasking Group including Public Health.

Alternative Options Considered

Sandwell had no other specific controls in place in relation to the inappropriate use of nitrous oxide. It was not an illegal substance. Littering regulations were in place however to enforce littering it needed to be witnessed. There were no other controls in place that provided powers to confiscate the cannisters. The council could continue as we were but this

would not provide an opportunity to target this issue. There was clearly a strength of feeling from the public consultation and partners to indicate significant support to strengthen what we currently had in place and the issue was clearly a public concern. This option provided opportunities for engagement and education.

Agreed :-

(1)          that approval be given to the implementation of a Boroughwide Public Space Protection Order for Nitrous Oxide making it an offence for any person, when requested by an authorised officer, not to surrender any nitrous oxide canisters, with effect from 1 December 2021 for a period of 3 years as attached at Appendix 1;

(2)          that in connection with Resolution (1) above  and in accordance with the regulations published by the Secretary of State, the Director of Borough Economy be authorised to publish the proposed order via the council website.