To consider the above report

              ORDER OF BUSINESS

 

              The order of business was noted.

APPLICATION FOR A POTENTIAL ALCOHOL-RELATED ANTI-SOCAIL BEHAVIOUR PUBLIC SPACE PROTECTION ORDER (PSPO) ETON BROCAS AND FOOTPATH 51, ETON

 

Community Safety Officer

 

The Community Safety Manager, Brian Martin, informed Members that that there had been numerous complaints over the years about alcohol related anti-social behaviour on the Brocas.  It was noted that up until the passing of the ASB Crime and Policing Act (2014) it would not have been possible to confiscate alcohol from people behaving anti-socially because this was Eton College land and could not be subject to the old Designated Public Place Order.  Members were informed that the new legislation referred to “Public Space Protection Orders” and could be construed as land to which the public had access.

 

The Community Safety Manager explained that he had received sufficient complaints from residents and Police which had in turn triggered a consultation at the end of December.  It was noted that the consultation had involved Partner Agencies such as the Police, Eton College, Eton Town Council, Brocas Residents Group and the Eton Community Association, Councillors and the Local Access Forum).  It was noted that 32 Responses had been received of which 30 were in favour, 1 against and 1 which was neither in favour nor against the proposal. 

 

The Community Safety Manager went onto explain that Councillor Alexander had suggested that Meadow Lane Car Park be included in the PSPO order if agreed.

 

Members were informed that Eton College was neutral on the matter and whilst they were not objecting to the PSPO they would not be prepared to enforce it if granted.   

 

The Community Safety Manager stated that he did believe there to be a problem as Police statistics showed 21 incidents over the course of a year which was considered high in relative terms.

Members were informed that the borough already had more than 120 locations that were covered by the existing PSPO orders.

The Community Safety team strongly supported the recommendation to make all three new areas part of a new PSPO because the behaviour described fitted the criteria; however the decision lay with the Panel.

The legislation required the authority to consider whether the behaviour:

 

·         Had had, or was likely to have, a detrimental effect on the quality of life of those in the locality; and whether its effect

·         Was, or was likely to be, persistent or continuing in nature;

·         Was, or was likely to be, unreasonable; and

·         Justified the restrictions imposed

 

Highways Officer

 

The Principal Rights of Way Officer, Anthony Hurst, stated that he did not have much to add other than there were a number of public rights of ways in the Brocas area and that he did not see any particular issues with the proposal.

 

Questions to the Officers

 

In response to questions:

 

The Community Safety Manager clarified that the 21 incidents on page 18 of the agenda related to the time period February 2015 – January 2016.

 

The Community Safety Manager explained that a PSPO must be reviewed at the end of the first year and if it was decided, by a Panel like this one, that it was to be continued then it would then be reviewed every three years thereafter. 

 

The Community Safety Manager confirmed that the residents group had been consulted as to whether they would be happy if Path 30 was included. 

 

The Community Safety Manager explained the definition of an ‘incident’.

 

The Community Safety Manager stated that he considered the one PSPO that covered 120 locations in the Royal Borough to have been very successful due to the reduction in incidents since it had been imposed. 

 

Representations by key agencies

 

The Community Safety Manager read out the Thames Valley Police comments which were as follows:

 

“From a physical review of 45 incidents I found evidence in 17 separate incidents of alcohol related ASB and behaviour detrimental to the local community’s qualify of life within the proposed PSPO areas/areas immediately adjoining the proposed PSPO. I am therefore satisfied that there is sufficient evidence to support the introduction of an alcohol related PSPO in Eton Brocas and Footpath 51”.

Representations by local residents in favour of a potential alcohol-related anti-social behaviour public space protection order (PSPO)

 

Mr Duncan Reed, Eton Town Councillor, explained that it now looked like the two separate consultations had been interlinked and that he believed the issue of the PSPO was separate from the gating footpath 51. 

 

Mr Duncan Reed went onto explain that Eton Town Council agreed with the PSPO footpath 51 to allow the Thames Valley Police to control the anti-social behaviour in the area. 

 

The Chairman explained that the decisions would be made separately.

 

Mr Peter Eaton, speaking on behalf of the Brocas residents, stated that he and his fellow resident’s whole heartily supported the potential alcohol-related anti-social behaviour public space protection order as the area had historically attracted alcohol induced behaviour.  Members were informed that appropriate resources would also need to be put in place.  It was noted that over the last ten years or so the Brocas area had been affected by the displacement issues.  Mr Peter Eaton stated that he would like the Brocas area to be included in the PSPO and for it to include footpath 51. 

 

Questions to residents in favour of a potential alcohol-related anti-social behaviour public space protection order (PSPO)

 

Mr Duncan Reed confirmed that he fully supported the potential alcohol-related anti-social behaviour public space protection order as it would give the Thames Valley Police and Community Wardens the power to use it.

 

Representations by local residents against a potential alcohol-related anti-social behaviour public space protection order (PSPO)

 

None.

 

Questions to local residents against a potential alcohol-related anti-social behaviour public space protection order (PSPO)

 

None.

 

Summary

 

The Chairman invited all present to summarise their case.

 

Councillor Shelim arrived.

 

The Community Safety Manager re-iterated that the Community Safety team strongly supported the recommendation to make all three new areas part of a new PSPO because the behaviour described fitted the criteria.

 

The Principal Rights of Way Officer had nothing additional to add.

 

Decision

 

The Panel then retired to consider the application and evidence that had been presented.

 

During the Panel meeting, Members considered oral evidence submitted by the Community Safety Officer and the Highways Officer of the Royal Borough and oral evidence from Eton Town Council.  In addition, the Panel considered written evidence in the form of a report prepared by the Community Safety Officer, the summary of consultation responses, an interested groups representation and Consultation Statistics. All written evidence had been circulated to Panel Members in advance of the hearing.

 

The Panel noted that the Royal Borough is empowered under s.59 of the Anti-Social Behaviour, Crime and Policing Act 2014 to make PSPOs where activities carried on in a public place:

·         Have had, or are likely to have, a detrimental effect on the quality of life of those in the locality;

·         Are, or are likely to be, persistent or continuing in nature;

·         Are, or are likely to be, unreasonable; and

·         Justify the restrictions imposed.

 

The Panel considered the data collated from the consultation along with the representations for and against having a PSPO to tackle alcohol-related anti-social behaviour and resolved unanimously (Councillors C Rayner, D Hilton, M Alexander, J Rankin & S Rayner) to implement a PSPO on the Brocas, Footpath 51, Meadow Lane Car Park and Footpath 30.

 

In making their decision, the Panel had regard to the following:

 

·         Map of Proposed PSPO Area.

·         Summary of Resident Consultation Responses.

·         Interested Groups Consultation submissions.

·         Consultation Statistics.

·         The Royal Borough’s Policy for Alcohol related PSPOs.

 

RESOLVED UNANIMOUSLY: The Panel considered the data collated from the consultation along with the representations For and Against having a PSPO to tackle alcohol-related anti-social behaviour and resolved unanimously (Councillors C Rayner, D Hilton, M Alexander, J Rankin & S Rayner) to implement a PSPO on the Brocas, Footpath 51, Meadow Lane Car Park and Footpath 30 the effect of which will prohibit any person from possessing or consuming alcohol in the restricted area if required to do so by a police or other authorised officer in order to prevent public nuisance or disorder.