Agenda item

The Council is required to review the Public Space Protection Orders (PSPO’s) which apply in the district every three years.  This report considers whether the existing Orders should be extended and an additional Order implemented.

The Cabinet Member for People and Safer Communities presented the report. The purpose of the report was to consider the existing Public Spaces Protection Orders (PSPO) within South Kesteven with a recommendation to extend them by a further period of three years.

The Committee were also requested to consider amending the Dog Exclusion PSPO to further include other enclosed play areas in the Recreation Ground, Stamford.

The report requested consideration for a new PSPO for vehicle nuisance and anti-social behaviour to cover the area of Bath Row, Station Road car park and the Meadows area of Stamford. This PSPO would be for the duration of three years.

There was one alcohol control PSPO which covered all of the towns within the District and a dog exclusion PSPO which included all enclosed play areas in the District. There was a dog fouling PSPO which covered the whole District and a dog on lead by order PSPO which covered the whole District and included a requirement for dogs to be kept on a lead within The Spinney, Market Deeping.

One Member raised a query on how many Enforcement Officers were able to enforce dog fouling and provide a sanction.

The Assistant Director for Operations and Public Protection noted that thee was not a designated Officer that dealt with dog fouling. There were 5 Officers that worked within the neighbourhoods team, who would actively patrol areas where complaints of dog fouling were received and engage with dog walkers. Any breaches of the PSPO’s would result in a fixed penalty notice of £100.

A Member sought clarification on whether funding was put towards dog bins by Parish Council’s. It was suggested that more dog bins be provided in the rural areas, due to a lack of Enforcement Officer presence in the rural parts of the District.

It was confirmed the Council does not provide specific dog waste bins. Instead, people may put their dog waste into any litter bin. Some parishes had chosen to provide specific dog waste bins, which they fund and service entirely at their own cost, and were responsible for emptying those dog bins.

In 2022, Cabinet adopted the Litter Bin Policy, which was available to view on the Council’s website. Officer’s urged Parish Council’s to review the requirements for a bin to be provided.

It was suggested that current Council employees could become trained to issue fixed penalty notices, however, training was complicated and required a lot of knowledge on the law.

A Member highlighted that there were popular, public/pedestrian routes in Grantham that had no dog or litter bins available.

The Cabinet Member for People and Safer Communities stated that adding more bins would add further cost to the Council. It was emphasised that dog owners should be more responsible.

A query was raised on why the water area of Wyndham Park, Grantham was not covered by the PSPO. It was noted that at Dysart Park, Grantham, one of the play areas was covered by a PSPO, however, the other was not.

It was further queried as to how many fixed penalty notices had been issued in the last year.

The Assistant Director of Operations and Public Protection encouraged all Ward Members to take part in the consultation to provide feedback.

There had been no fixed penalty notices issued for offences in relation to the Public Space Protection Orders (PSPOs) in the last three years. 

A Ward Member asked the Committee to consider adding the following enclosed play areas within the consultation process:

·       Harrier Way (North of Towngate West) in Market Deeping

·       Charter Avenue in Market Deeping

The Assistant Director of Operations and Public Protection requested that the Parish Council responded to the consultation and the Council would look into adding the play areas into the PSPO area. 

It was clarified that a PSPO could be considered for any public space, however, if not owned by the Council, permission would need to be given by the landowner for the PSPO to be granted. The Council can still enforce on a PSPO providing the landowner agreed, in accordance with a clause within the order.

Further clarification was sought as to why the bowling green and tennis courts and other play areas in Grantham had not been included under PSPO’s.

It was noted that when the PSPO’s were originally put into place, it included traditional children’s play area with play equipment. It was predominantly enclosed play areas with play equipment, unless other open spaces had been requested to be added by other parties. 

The Committee could request to include other open spaces within the consultation, otherwise any areas picked up throughout the consultation process would be considered as part of the adoption process by Cabinet. 

The Public Speaker arrived at the meeting late, the Chairman agreed for their statement to be heard. The Public Speaker’s concern was around the tennis courts in Stamford being included within a PSPO and it was felt this had been driven by Stamford Town Council.

The Cabinet Member for People and Safer Communities confirmed that the PSPO on the tennis courts in Stamford had been proposed due to a resident allowing their dog to walk on the tennis courts and occasionally not picking up dog waste. There was a ‘no dog walking measure’ on the tennis courts, therefore, Stamford Town Council had requested the PSPO to further protect the area.

The Assistant Director for Operations and Public Protection informed the Committee that dependent on the acceptance of the recommendation, that a 4-week public consultation would take place in respect of the PSPO’s.

A Member raised concern that a PSPO was possibly being put into place for one individual.

It was proposed, seconded and AGREED that the Committee:

1.    Considers the continuation of the existing Spaces Protection Orders.

2.    Considers the proposed amendment to the existing Public Space Protection Order (Dog Exclusion) to include additional areas at the Recreation Ground, Stamford.

3.    Considers the request for a new Public Space Protection Order for vehicle related nuisance and anti-social behaviour covering the following areas within Stamford: the Station Road car park (also known as Cattle Market), The Meadows and Bath Row car park.

4.    Recommends the Cabinet Member for People and Safer Communities Commercial and Operations that statutory consultation be undertaken in respect of the above.