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Exeter city centre to remain under order

Wednesday, 5 February 2020 12:51

By Daniel Clark, Local Democracy Reporting Service

Report says levels of anti social behaviour are at an "unreasonable" level.

A Public Space Protection Order, which has been in place since June 2017, outlaws certain types of anti-social behaviour.

Crimes under the act includes ignoring police requests to stop drinking alcohol or illegal drugs in a public, aggressive begging, urinating in a public place, behaving in an anti-social manner either in a group or alone.

It covers areas including Fore Street, the High Street and Sidwell Street, and anyone breaching the order by consuming alcohol or committing anti-social behaviour, will be dispersed from the area and could faces fines of up to £1,000 at court if they return.

But a report of Simon Lane, Service Lead – Environmental Health and Community Safety, to next Tuesday’s Exeter City Council executive meeting, recommends that the Public Space Protection Order is renewed for a further three years.

The recommendation is made because anti-social activities are continuing at such an unreasonable volume, there is no known alternative or more effective control measure, and that on a daily basis, city council officers are using their powers to require the surrender of alcohol.

Mr Lane in his report added: “There is continued justification for the Order based upon data and intelligence from Devon & Cornwall Police, the Council, and the Exeter Community Safety Partnership, together with information from complaints made by the public to the council.

“Data from Police logs and from the Exeter Business against Crime Partnership provides evidence that anti-social behaviour complaints are of such a volume that they continue to have or are likely to have a detrimental effect on the quality of life of those in the locality. The anti-social activities are continuing at a level that is unreasonable and justifies the continuing restrictions of the Order.

“From this information, it is clear that while the PSPO has had an impact since its introduction in 2017, the prevalence of persistent and problematic anti-social behaviour continues to be relatively high.

“These antisocial activities are continuing at a level that is unreasonable and justifies the continuing restrictions of the Order

“Under the PSPO, control measures are used which address the anti-social behaviour without necessarily criminalising a perpetrator in breach of the Order. This could not be easily achieved without the PSPO and there are no known alternative or more effective control measures currently available.”

The report says that from June 2017 to December 2019, 37 Fixed Penalty Notices have been issued for street urination, 128 people have been dispersed from the area using the powers, while 13 prosecutions have been taken for breaches of the PSPO prohibitions and one caution was also issued for a breach of PSPO prohibition

The powers of surrendering alcohol are used on a daily basis by officers, Mr Lane said, adding: “However records are not kept of the use of this prohibition as most people voluntarily surrender.”

Anti-social behaviour logs to the police have dropped since the PSPO was introduced in 2017 but the Exeter Business against Crime partnership had recorded an increase in anti-social behaviour.

The Police reported 2,066 antisocial behaviour logs in the PSPO areas in 2017, 2,036 in 2018 and 1,761 in 2019, while the Exeter Business against Crime partnership recorded 1,193 incidents of anti-social behaviour in 2017 within the PSPO area, 1,320 in 2018 and 1,678 in 2019.

Mr Lane said: “While this shows a year on year reduction, in logs not all concerns are logged with police.”

His report adds: “There is a risk that public expectations will be raised by this Order that agency resources cannot fully meet. The Order is unlikely to remove the issues in total, but can act to support and augment other initiatives. Continuation of this Order could lead to problem-displacement.

“Officers from the Council, Police, and other agencies have continually reviewed this and believe that the area of the proposed Order is sufficiently large to minimise any acute problems arising from any displacement.”

He said that the executive has two other options, but that he recommends that the extend the PSPO for a further three years.

Alternative options include not renewing the PSPO, but this is not being put forward due to the need to continue tackling issues relating to anti-social behaviours taking place in the City centre, while the council could consult on a new PSPO with changed prohibitions and / or boundaries, but would be unable to be completed prior to the existing PSPO’s expiration date.

When they meet on Tuesday, February 11, the executive are recommended to extend the PSPO for a further three years and that the current policy of funding received by the council from fixed penalty notices issued for a breach of any PSPO be ring-fenced for initiatives to address anti-social behaviour is continued.

The full council, when the meet on Tuesday, February 25, will make the final decision.

The provisions relating to PSPO powers fall under the Anti-Social Behaviour, Crime and Policing Act 2014, and Section 60 of the Act provides that a PSPO may be extended if satisfied on reasonable grounds that doing so is necessary to prevent occurrence or recurrence after that time of the activities identified in the order.

The report says: “Officers are satisfied that there are sufficient grounds to extend the current PSPO for a further three years to prevent occurrence and reoccurrence of the prohibitions outlined in the current order.”

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