Agenda item

Following consultation, this report seeks the agreement of Cabinet to endorse the variation of the Public Spaces Protection Order (PSPO) in Clacton town centre and its peripheral areas.  The implementation of the PSPO will include an extension of the area covered and the inclusion of three new conditions.

RESOLVED that Cabinet –

(a)    notes the outcome of the public consultation to the proposed variation of the Public Spaces Protection Order for Clacton Town Centre, as presented within the report (A.10);

(b)    agrees that it is satisfied on reasonable grounds that the activity or behaviour covered by the proposed variation is carried out, or likely to be carried out, in a public space:

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

·      is, or is likely to be, persistent or continuing in nature;

·      is, or is likely to be, unreasonable; and

·      justifies the restrictions imposed.

(c)   approves the variation to the areas covered by the current Town Centre Public Spaces Protection Order (as indicated within this report (A.10) and the map shown in Appendix C thereto) introducing the following additional conditions:

          i.       No person shall urinate, defecate, or spit within the public restricted area.

         ii.       No tent or other structures like a tree, wall, fence, pole, booth, or gate to be used anywhere within the restricted area shall be erected, unless prior authorisation is sought and agreed by the Council.

        iii.       All persons are prohibited from behaving in a way that causes or is likely to cause nuisance, harassment, alarm or distress to a member or members of the public.

Note: Those additional conditions would cover both the existing area of the Clacton town centre and the additional areas.

Cabinet considered a report of the Partnerships Portfolio Holder (A.10), which sought its approval of the variation of the Public Spaces Protection Order (PSPO) in Clacton town centre and its peripheral areas.  The implementation of the PSPO would include an extension of the area covered and the inclusion of three new conditions.

Members recalled that the Anti-Social Behaviour, Crime and Policing Act 2014 had enacted powers to create Public Spaces Protection Orders (PSPOs). The purpose of a PSPO was to stop individuals or groups from committing Anti-Social Behaviour (ASB) in a public space. An order had been in place in the Clacton town centre since 2007 (though between 2007 and 2014 it had been a Designated Public Places Order, which was superseded by the PSPO when the legislation was amended).

It was reported that, both Tendring District Council (TDC) and Essex Police received concerns from members of the public about the need to tackle street drinking, begging and other types of ASB in Clacton town centre. Essex Police had Dispersal Powers; however, the PSPO provided additional support for both Essex Police and TDC Officers, enabling them to use those powers to undertake enforcement activity and to prevent crime. It provided a tool to swiftly resolve and combat issues, including the removal of alcohol and the dispersal of individuals and groups. The order ensured that Clacton could be a safe and pleasant environment for residents, workers and visitors.

Cabinet was advised that Council Officers had previously used the PSPO powers along Clacton seafront, including in the shelters and this supported the Council in maintaining the town as a tourist attraction whilst keeping the seafront gardens clear of larger groups and ASB.

Members were reminded that, a decision had been taken by the Partnerships Portfolio Holder, published on 31^st August 2023, which had extended the PSPO in Clacton town centre for a period of three years pursuant to the powers contained in Sections 59 to 65 of the Anti-Social Behaviour, Crime and Policing Act 2014.

To gather public opinion, the Council had also undertaken a six-week public consultation exercise. The consultation process had included businesses, Essex Police, Ward Councillors, landowners and members of the public that resided within a suggested extended PSPO area. During the consultation period, the Council had received eighteen responses from members of the public and local businesses; all responses had been in support of the proposed amendments to the PSPO.

This Portfolio Holder report now put forward a proposal to extend the area covered across Clacton town centre and to introduce three additional conditions as follows:-

a.   No person shall urinate, defecate, or spit within the public restricted area.

b.   No tent or other structures like a tree, wall, fence, pole, booth, or gate to be used anywhere within the restricted area shall be erected unless prior authorisation is sought and agreed by the Council.

c.   All persons are prohibited from behaving in a way that causes or is likely to cause nuisance, harassment, alarm or distress to a member or members of thepublic.

The proposed new areas to be included in the Clacton town centre PSPO were:

·      Lancaster Gardens West

·      Lancaster Gardens East

·      Albany Gardens West

·      Albany Gardens East

·      Connaught Gardens West

·      Connaught Gardens East

·      Beatrice Road

It was noted that a PSPO could not be issued to a person who was homeless under the ASB Legislation (Police and Crime Act 2014); however, if an individual was causing harassment, alarm and distress, the PSPO could come into effect.

A map of the proposed extension area was attached as Appendix C to the Portfolio Holder’s report. The revised PSPO was attached at Appendix B.

Being satisfied that the legal test had been met in relation to the extended area and additional conditions:-

It was moved by Councillor Placey, seconded by Councillor Bakerand:-

RESOLVED that Cabinet –

(a)    notes the outcome of the public consultation to the proposed variation of the Public Spaces Protection Order for Clacton Town Centre, as presented within the report (A.10);

(b)    agrees that it is satisfied on reasonable grounds that the activity or behaviour covered by the proposed variation is carried out, or likely to be carried out, in a public space:

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

·      is, or is likely to be, persistent or continuing in nature;

·      is, or is likely to be, unreasonable; and

·      justifies the restrictions imposed.

(c)   approves the variation to the areas covered by the current Town Centre Public Spaces Protection Order (as indicated within this report (A.10) and the map shown in Appendix C thereto) introducing the following additional conditions:

          i.       No person shall urinate, defecate, or spit within the public restricted area.

         ii.       No tent or other structures like a tree, wall, fence, pole, booth, or gate to be used anywhere within the restricted area shall be erected, unless prior authorisation is sought and agreed by the Council.

        iii.       All persons are prohibited from behaving in a way that causes or is likely to cause nuisance, harassment, alarm or distress to a member or members of the public.

Note: Those additional conditions would cover both the existing area of the Clacton town centre and the additional areas.