Agenda item

Mandy Cunningham, Community Safety and Safeguarding Manager, introduced the report which sought to inform the Committee on the proposals to implement a Public Space Protection Order (PSPO) for the anti-social use of vehicles in Burgess Hill (also known as car cruising). On 11 February 2019, Cabinet agreed to expand the use of these powers to help tackle persistent anti-social behaviour through the use of Community Protection Notices and the use of PSPOs to address on-going issues in public spaces such as the anti-social use of vehicles. The Council has worked closely with Sussex Police in managing issues to date and in developing the PSPO and will continue to work in partnership in identifying and acting against offenders. A recent public consultation showed that 91% of respondents supported the proposal to implement the PSPO.

A Member referenced Item H, Paragraph 2.2 of Appendix A and noted that, while it is unacceptable, the use of threatening, intimidating or anti-social behaviour is subjective. He enquired whether there are guidelines on how particular behaviour is viewed.

The Community Safety and Safeguarding Manager confirmed that the reporting method is through the Police who will take a consistent view in issuing a fixed penalty notice to anyone they have reason to believe has committed an offence under the Order.

The Cabinet Member for Community added that Police Officers would have to view the offence and react appropriately which would create a consistent approach.

A Member commended the report and noted that the PSPO will only be implemented in Burgess Hill. He sought clarification on what would occur if the ‘car meets’ and associated anti-social behaviour moved elsewhere within the District.

The Community Safety and Safeguarding Manager explained that her team will be working with the Police to identify areas where displacement may occur and to monitor the activity and take a reactive approach.

A Member noted that the concept of PSPOs was originally designed for application across the District, rather than a particular town or area and highlighted anti-social behaviour involving vehicles within his own parish. He appreciated the approach officers had taken however he felt that PSPOs should be implemented district wide.

The Community Safety and Safeguarding Manager recommend that Members report any anti-social behaviour to Officers. She noted that this matter is particular to Burgess Hill however if this becomes a problem elsewhere in the District then the Council can consider implementing the PSPOs in other areas.

The Cabinet Member for Community highlighted that there is a district wide approach to anti-social behaviour. He stated that the problem is particular in Burgess Hill and particular to ‘car meets’ which results in anti-social behaviour.

A Member expressed sympathy for the residents of those who live around the car park adjacent to McDonalds as she herself feels intimidated when a car blaring music speeds past her.

A Member enquired whether the PSPO will cover the A2300.

The Community Safety and Safeguarding Manager confirmed that the PSPO does not cover the A2300; it covers the 6 wards of Burgess Hill including the Burial Ground which has become a hotspot for ‘car meets’ when they have been asked to move on by the Police.

The Member then enquired whether the Council has engaged with the colleagues in East Sussex to see the potential impact on them following this policy.

The Community Safety and Safeguarding Manager confirmed that they had not liaised with East Sussex County Council, but officers had liaised with neighbouring councils in West Sussex.

A Member noted that after the PSPO has been made, the public has six weeks to appeal the decision and sought reassurances that the Council would be able to defend on appeal.

The Community Safety and Safeguarding Manager explained that the six weeks is a requirement of the Anti-Social Behaviour, Crime and Policing Act. She believed the Council would be in a good position if an appeal against the PSPO were to be made.

The Cabinet Member for Community highlighted the importance of consistency in the application of the PSPO.

Tom Clark, Head of Regulatory Services and Solicitor to the Council, stated that the Council has the power to make the Order and also highlighted the importance of a consistent application of the PSPO. He added that it is usual for the Council to make an appeal available on the policies it implements.

Emma Sheridan, Business Unit Leader for Community Services, Policy and Performance, added that the Police had been consulted.

A Member noted that the A2300 is due to become a dual carriageway and believed that it could become a racetrack.

The Community Safety and Safeguarding Manager said that should this activity occur on the A2300 then the Council would ask the observer to report it to the Police as speeding is a motoring offence.

The Chairman noted that no Member wished to speak so moved to the recommendation which was agreed unanimously.

RESOLVED

Scrutiny Committee for Community, Customer Services and Service Delivery recommend to Council that it:

(i)            Note the contents of the report and agree to implement the PSPO under the ASBCP Act 2014 for the prohibited activities outlined in Appendix A within the area defined on the map at Appendix B;

(ii)           Approve the delegation of authority to specified officers to use those powers.