Agenda item

Public Space Protection Order (PSPO) - Borough Wide including Wembley Park (Wembley Stadium Events), Parks, Open Spaces, Graveyards and Cemeteries

This report sets out the outcome of an evidence gathering exercise and consultation process undertaken on the proposal to create a borough wide Public Space Protection Order and based on the details provided asks Cabinet to consider the amalgamation of the current three PSPOs in Brent relating to Borough wide street drinking, Wembley Park (the area surrounding Wembley National Stadium) & Parks, Open Spaces, Cemeteries and Graveyards into one single unified order.

Members are asked to note that the supporting appendices listed within the schedule attached to the detailed background report attached as Appendix 1 to the Executive Summary report have been published as a separate supplementary pack.

Decision:

Cabinet noted the comments made by John Fluxman (representing Brent Trades Council) who had requested to speak at the meeting in respect of the item. In addressing Cabinet, Mr Fluxman advised that as a representative of Brent Trades Council he was speaking to express concerns regarding the proposed inclusion of Prohibition 8 within the boroughwide Public Space Protection Order (PSPO) which sought to prohibit the use of a megaphone or microphone with speaker without consent. Whilst recognising the context to the introduction of the boroughwide PSPO and prohibitions identified, concerns were highlighted at what was felt to the disproportional impact of the prohibition in relation to the potential interference with the legitimate right to political protest and demonstration, which was also felt to contradict Article 11 of the Human Rights Act regarding freedom of assembly and association. Concerns were also identified in relation to the consultation process undertaken in developing the proposals as Brent Trades Council had not been included as a stakeholder.

As a result of the concerns highlighted, Mr Fluxman advised he was asking Cabinet to consider amending the proposed PSPO to ensure that political protest was also included as a specific exemption under Prohibition 8.

In responding to the comments raised, Councillor Muhammed Butt (as Leader of the Council) provided an assurance that the PSPO had not been designed to remove the freedom and right to lawful protest or to demonstrate and instead had been focussed on protecting the local community and assisting to tackle and reduce anti-social behaviour and other nuisance across the borough. The proposals were not therefore intended to prevent political campaigning or demonstration, which it was confirmed would be clarified within the final wording of any prohibition agreed. In thanking Mr Fluxman for his comments, Councillor Butt also highlighted the Council’s aim to engage with as wide a range of stakeholders as possible, which he advised it would be possible for Brent Trade Council to participate in as part of any relevant future consultation process.

Having considered the comments made Cabinet RESOLVED:

(1) To endorse, subject to the comments outlined above, the proposed extensions, addition of new prohibitions and the suggested removal of others set out in the full report (attached as Appendix 1 to the report included on the agenda) and accompanying appendices.

(2) To note that the Parks, Open Spaces, Cemeteries and Graveyards (POsCGs) PSPO expired on 16.09.2022

(3) To note that the Wembley Park PSPO was due to expire on 31.12.2022 and would be allowed to expire.

(4) To note that the Borough wide street drinking PSPO was due to expire on 19.10.2023. It was proposed to vary this PSPO to include the prohibitions set out in (10) below and extend its duration.

(5) To note that the prohibition relating to; Use of illegal drugs or psychoactive substances is only to be enforced by the Metropolitan Police.

(6) To approve the introduction of, in effect, one single PSPO across the entire borough with specific prohibitions in the area surrounding Wembley Stadium (Wembley Park) and POsCGs.

(7) To confirm the proposed areas shown in Appendix 4, 5 & 6 of the report.

(8) To approve the proposed removal/discontinuation of prohibitions set out in section 5 of Appendix 1 of the report.

(9) To delegate authority to the Corporate Director Resident Services in consultation with the Cabinet Member for Safer Communities & Public Protection for the function of making all Public Spaces Protection Order under the Anti-Social Behaviour Crime and Policing Act 2014 Act.

(10) To note that the new PSPO would be implemented as follows:

Entire Borough (including POsCGs & Wembley Park)

(1) consumption of alcohol, (2) Use of illegal drugs or psychoactive substances (formerly known as legal highs or balloons), (3) Littering (urination or defecation), (4) Littering (spitting), (5) Littering (bottles, cans, packets, food, chewing gum, cigarettes), (6) Dog fouling (7) Illegal trading (food or other items in the street)*, (8), Use of megaphone or microphone with speaker without consent* and (9) Aggressive begging*

*Does not apply to POsCGs

Wembley Park only

(10) Illegal trading of merchandise, (11) Illegal trading of tickets (ticket touting), (12) Distribution of free literature (including giveaway items) without consent, (13) Charity collectors without consent, (14) Busking without consent, (15) Ambush marketing (including fly posting), (16) Pyrotechnics such as flares or smoke emitters, (17) Obstruction of the public highway, preventing the free flow of person’s movement and (18) Flying of drones

Parks, Open Spaces, Cemeteries & Graveyards only

(19) Unauthorised use of motor vehicles (including e-scooters and e-bicycles), (20) Use of permitted vehicles without due care and attention, (21) Loss of control of dogs (dog not within eyesight of owner and/or do not respond to recall), (22) Dogs that are prohibited from specific areas, (23) Letting a dog off a lead in a specified area, (24) More than four dogs being walked at the same time, (25) Flying drones and model aircrafts without consent, (26) The lighting of fires or use of barbeques, (27) The use of fireworks without consent, (28) Defacing or damaging fixtures, furniture or other items, (29) Launching of sky lanterns, (30) Feeding wild animals inclusive of birds and (31) Unauthorised events or activities.

activities.

Minutes:

Prior to consideration of the item, Councillor Muhammed Butt (Leader of the Council) advised that he had accepted a request to speak on the report from John Fluxman (representing Brent Trades Council). In addressing Cabinet, Mr Fluxman advised that as a representative of Brent Trades Council he was speaking to express concerns regarding the proposed inclusion of Prohibition 8 within the boroughwide Public Space Protection Order (PSPO), which sought to prohibit the use of a megaphone or microphone with speaker without consent. Whilst recognising the context to the introduction of the boroughwide PSPO and prohibitions identified, concerns were highlighted at what was felt to be the disproportional impact of the prohibition in relation to potential interference with the legitimate right to political protest and demonstration. This was also felt to contradict Article 11 of the Human Rights Act regarding freedom of assembly and association. Concerns were also identified in relation to the consultation process undertaken in developing the proposals, as Brent Trades Council had not been included as a stakeholder.

As a result of the concerns highlighted, Mr Fluxman advised he was asking Cabinet to consider amending the proposed PSPO to ensure that political protest was included as a specific exemption under Prohibition 8.

In responding to the comments raised, Councillor Muhammed Butt provided an assurance that the PSPO had not been designed to remove the freedom and right to lawful protest or to demonstrate and instead had been focussed on protecting the local community and assisting to tackle and reduce anti-social behaviour and other nuisance across the borough. The proposals were not therefore intended to prevent political campaigning or demonstration, which it was confirmed would be clarified within the final wording of any prohibition agreed. In thanking Mr Fluxman for his comments, Councillor Butt also highlighted the Council’s aim to engage with as wide a range of stakeholders as possible, which he advised it would be possible for Brent Trade Council to participate in as part of any relevant future consultation process.

Councillor Farah (Cabinet Member for Safer Communities & Public Protection) was then invited to introduce the report which he advised detailed the outcome of the evidence gathering and consultation process undertaken on the proposal to create a boroughwide PSPO.

In considering the report, members noted the basis of the proposal outlined, which had been designed to amalgamate the current three PSPOs operating in Brent into one single unified order. Members were advised this had been aimed at removing any confusion and to make it easier to understand and more practical to manage and enforce the individual prohibitions included as well as addressing issues relating to the associated displacement of anti-social behaviour as a result of having three separate orders. Implementation of the unified order would be based around the expiry dates of the existing three orders with details of the breakdown between the current and proposed prohibitions in the current and proposed unified Order having been outlined in section 2.5 of the Executive Summary cover report.

Members were supportive of the approach outlined and also took the opportunity to thank all officers involved for their effort in preparing and presenting the necessary supporting evidence and in progressing development of the proposal. Having considered the comments made Cabinet therefore RESOLVED:

(1) To endorse, subject to the comments outlined above, the proposed extensions, addition of new prohibitions and the suggested removal of others set out in the full report (attached as Appendix 1 to the Executive Summary cover report included on the agenda) and accompanying appendices.