Decision details

To approve consultation on proposals to vary and renew the Public Spaces Protection (Cheltenham) Order 2023 (as amended) as outlined in this report.

Public Spaces Protection Orders (PSPOs) have a maximum duration of 3 years. The existing 2023 Order expires in November 2026. It is therefore necessary for the authority to renew the 2023 Order.

Furthermore, proposed changes to the Cheltenham PSPO are being considered for which a consultation requirement exists.

1. Public Spaces Protection Orders
1.1 Under the Anti-social Behaviour, Crime and Policing Act 2014, the evidence threshold for a PSPO requires the local council to have reasonable grounds that three statutory conditions are met:

a) Detrimental Impact: Activities carried out in a public place have had, or are likely to have, a detrimental effect on the quality of life of those in the locality.
b) Persistence: The behaviour is, or is likely to be, of a persistent or continuing nature.
c) Reasonableness: The effect of the behaviour is of a nature that makes the restrictions or requirements reasonable.

1.2 To enact or uphold these restrictions, the local authority must demonstrate that the Order is a necessary and proportionate response to the identified anti-social behaviour (ASB).

1.3 Under the Anti-social Behaviour, Crime and Policing Act 2014, local authorities must fulfil strict consultation requirements before introducing, varying, extending, or discharging a PSPO.

1.4 Councils are required to formally consult the local chief officer of police, the Police and Crime Commissioner, any affected parish or town councils, and—where reasonably practicable—the owners or occupiers of land within the restricted area.

1.5 In addition, authorities must publicise the draft order to invite feedback from community representatives and the general public.

1.6 There is no specific, statutorily prescribed minimum or maximum length for a PSPO consultation. Instead, the duration is determined by the local authority, in this case a 6 week consultation period is proposed.

2. Public Spaces Protection (Cheltenham) Order 2023 (as amended)

2.1 The Public Spaces Protection (Cheltenham) Order 2023 focuses primarily on controlling the public consumption of alcohol and regulating dog behaviour to curb anti-social activities across the borough.

3. Proposed Variation
3.1 It is proposed that the Cheltenham PSPO also be varied to include the following additional measures:
a. Public urination and defecation
b. Loitering and aggressive begging
c. Illegal encampments and tents

3.2 Attached at Appendix 1 is the proposed Order wording for the above measures.

3.3 Attached at Appendix 2 is an outline of the issues associated that will be the basis and justification for the proposed variation with reference to the evidence threshold. This includes information and evidence from this authority, police and BID:
3.3.1 Incident reports
3.3.2 Complaints
3.3.3 Witness Statements
3.3.4 Formal interventions (i.e. dispersal orders, ASBIs etc.)
3.3.5 Other internal records

The council can decide not to renew, or vary, the PSPO, but this will be significantly detrimental to the borough.