Agenda item

[Report of the Director for Environment and Neighbourhoods. To be introduced by the Cabinet Member for Communities]

Consider and approve recommendations on the consultation findings of Public Space Protection Orders on:

1. The extension to 12 existing orders covering the control of alcohol and dogs.

2. Vary the boundary  of  Woodside Ward  for alcohol control.

3. The new requirement for a person in charge of a dog to carry a means to pick up dog waste.

“The Council’s existing Public Space Protection Orders (PSPO) for Alcohol & Dog Control expire on the 18^th October 2020. On 10^th March 2020 the Cabinet gave approval to consult on the extension and variation of the existing PSPOs. Within two weeks of the Cabinet decision to consult the lockdown period began and all but essential staff were asked to remain at home and Business Continuity planning was prioritised.

The months following the initial Covid-19 lockdown at the end of March impacted significantly on the ability to carry out an effective consultation. As lockdown measures began to ease throughout June a decision was taken to resume consultation and this was re-commenced at the beginning of July and closed on Monday 17 August 2020.

The extension and variation of the dog and alcohol PSPOs has been published on the forward plan for a cabinet decision on 13^th October 2020. Although the initial delay in consultation was unavoidable every effort has been made to ensure that the consultation and analysis was completed along with the Report to Cabinet and supporting documents. However this has created further challenges as the original PSPO expires on 18^th October 2020 and must therefore be extended before they expire.

If the original PSPO’s are not agreed to be extended as of 18^th October they will be considered discharged which will result in having to go back to Cabinet to make a fresh request for new PSPO’s which will require a new consultation, and there would be no control measures in place for minimum period of three months whilst a new consultation takes place. Therefore the Chair of OSC has agreed to waive the call-in process to ensure that this situation does not arise, and for the new orders to be implemented without delay.

The Chair of Overview and Scrutiny Committee has agreed that the decision should be treated as a matter of urgency. This is in accordance with Part 4, Section H, and Paragraph 18 (a) and (b) of the Council Constitution.”

The Cabinet Member for Communities introduced the report which proposed to extend the Council’s existing Public Space Protection Orders (PSPOs) for Alcohol and Dog Control for a further three - year period. It was noted that a small extension was proposed to the Woodside Ward Alcohol PSPO to include Chapmans Green Park.

Cllr Cawley-Harrison enquired:

·         What preventative work had been done for residents who may drink on the streets as a result of alcohol dependency.

·         How the Cabinet Member would be encouraging the police to take more action against dangerous dogs. It was noted that, where people had dogs that were a potentially dangerous breed, it was unlikely that a PSPO or Fixed Penalty Notice (FPN) would be an effective deterrent.

·         Which scientific advice had been the basis for the decision to require dogs to be kept on leads in Haringey’s parks during the Covid-19 pandemic, given that this contrasted with the Greater London Authority advice based on owner discretion.

The Cabinet Member for Communities would provide the written responses to these points.

RESOLVED

1.    To approve the extension of the 11 Public Space Protection Orders (PSPOs) for the control of alcohol until 18 October 2023.

2.    To approve varying the boundary of the Woodside alcohol PSPO to include Lordship Lane, Chapmans Green Park and the roads directly surrounding Chapmans Green Park as set out in the map on page 5 of Appendix 12 of the report.

3.    To approve the extension of the borough wide dog control PSPO until 18 October 2023.

4.    To approve varying the dog control PSPO to impose a new requirement that dog owners produce a device or other means for removing dog faeces when requested by an officer.

Reasons for decision

On 20 October 2017 Haringey replaced its 11 Designated Public Places Orders (also known as Alcohol Control Zones) and Dog Control Orders, with Public Space Protection Orders, with requirements and prohibitions mirroring the previous Alcohol Control Zones and Dog Control Orders.  A PSPO remains in place for three years unless extended or discharged by the Local Authority. The existing PSPOs enacted on the 20 October 2017, relating to alcohol and dog control expire on 19 October 2020.

The Anti-Social Behaviour, Crime and Policing Act 2014 states that before the time when a PSPO is due to expire, the local authority that made the order may extend the period for which it has effect, and/or vary the order, if satisfied on reasonable grounds that doing so is necessary to prevent:

(a)  occurrence or recurrence after that time of the activities identified in the order, or

(b)  an increase in the frequency or seriousness of those activities after that time.

On 10 March 2020, the Cabinet agreed that the proposal to extend and vary the PSPOs should be taken to public consultation.  The Consultation process began on the 7 July 2020 and continued for 6 weeks ending on Monday 18 August 2020.

For the PSPOs to be extended and varied Cabinet must consider the outcome of the consultation and EQIA and make a decision before the PSPOs expire on 19 October 2020.

Alternative options considered

A discharge of the current Alcohol and Dog Control PSPOs on 19 October 2020 and/or no variation or addition.

The Alcohol Control and Dog Control PSPOs will lapse on 19 October 2020 if not extended.  Not having valid PSPOs in place will have a detrimental impact on the Police and Council officers’ ability to enforce drinking and dog-related nuisance across the borough. This may then lead to increased dog fouling, dogs being causing a nuisance and not being adequately controlled, dogs entering children’s play areas, sports areas and marked pitches and an increase in people drinking alcohol and engaging in behaviour likely to cause nuisance and annoyance to residents and other members of the public.

This option would be contrary to the need for the PSPOs to continue and the public support for their continuation. It would also result in the re-occurrence of the activities that are detrimental to the quality of life of people who live, visit or work in the areas where the PSPOs can be enforced.