Town Centre PSPO Consultation Overview

A number of different consultation sources have been used in regard to the proposed Town Centre Public Space Protection Order:

Community Safety Partnership – In favour of the Order and elements contained within it.

Police – Engaged in the process and inclusions suggested within the Order

CBC Public Scrutiny Session March 2017 – Debate about the hazard caused by A Boards included the option of a PSPO and request for officers to explore this further having reviewed evidence and agreed that A Boards needed to be banned from the Town Centre.

A public consultation for a proposed Town Centre Public Space Protection Order was carried out between 14th August 2017 and 11th September 2017. In total, 81 pieces of feedback was received during the consultation period. The breakdown of the feedback received is:

  • 43 For
  • 30 against
  • 10 Queries or comments

Two respondents stated they were for the whole order except one or two prohibitions (i.e A Boards and Free Literature)

In addition to the responses received, we also received a petition containing 82 signatures from 79 businesses within the restricted area. Those that signed the petition are objecting to the A Board prohibition.

The document sets out the main points of concern from feedback received as well as how these concerns will be addressed

Concerns raised / How we will address this
Will this order be used to enforce / discriminate against the homeless community? / There is no intention to use this Order to discriminate against the homeless community. Colchester Borough Council, Colchester Borough Homes, the Police and other key partners are working together, where possible, to support this very complex issue and will continue to do so regardless of the Town Centre PSPO outcome.
Those begging need more support / As per above, support is already being offered and this will continue.
Will the prohibitions be used for the night time economy also? / Yes, if the PSPO is implemented it will be utilised for both the daytime and night time economies
If A Boards were banned businesses would lose custom / A boards are a hazard for visually impaired visitors to Colchester Town Centre. ECC Highways policy already prohibits A Boards from much of the Town Centre, the PSPO will make enforcement possible. A full ban will ensure a level playing field and provide the best outcome for disabled and visually impaired shoppers. Research shows where a ban has been put in place it does not demonstrate a loss of trade, indeed making Colchester Town Centre a more disabled friendly shopping experience is more likely to increase trade given the research that 1 in 5 potential customers have a disability but are being excluded due to the lack of accessibility.
Could a prohibition be added to cover littering? / Littering is already enforceable under Sections 87/88 of the Environmental Protection Act 1990
Are there sufficient resources to enforce the order? / There are no additional resources, however the PSPO will enable action to be taken where it is necessary to do so. Enforcement will include behaviour change awareness; training of enforcement staff; closer working with the police, businesses and community partners to target awareness campaigns and enforcement activity. In the longer term behaviour change will reduce levels of anti-social behaviour which will in turn reduce the cost this has on public services and improve the lives of those law abiding citizens who are subjected to it.
Free literature - we note charities are now exempt, a lot of charities now compete with business for the sale of new goods. / Under Schedule 3A of the Environmental Protection Act 1990 charities are exempt from the distribution of free literature if they fall within the meaning of the Charities Act 1993 and the matter relates to or is intended for the benefit of the charity. Political and Religious groups are also exempt.
I do not believe that the effect of the activities mentioned in the proposal document justifies the restrictions imposed by a PSPO. / Anti-social behaviour covers a wide range of unacceptable activity that causes harm to an individual, to their community or to their environment. It can be an action by someone that leaves another feeling alarmed, harassed or distressed. It also includes fear of crime or concern for public safety, public disorder or public nuisance. The areas highlighted in the PSPO do fit the definition of anti-social behaviour, especially when it is aggressive or persistent behaviour. It is true that use of a PSPO is not the only method to resolve issues and awareness raising campaigns, improved community engagement, additional support will continue to be used alongside the PSPO if it is implemented. Trained enforcement officers will use their judgement on the best approach, dependant on the issue they are dealing with, levels of aggression, how persistent the problem is and the likelihood of the individual to recognise and change their behaviour.
There is already enough legislation in place to deal with the issues listed within the PSPO / PSPOs do sit amongst a broad range of powers and tools to help tackle anti-social behaviour. They constitute a practical instrument to help deal with persistent issues that are damaging communities and we owe it to residents, visitors and businesses to ensure that we utilise all the tools that are available.
The order will disperse issues to other areas, especially homeless people to areas that may not be as safe. / The PSPO is not being proposed to address the issue of Homelessness in Colchester Town Centre.
Where prohibitions in one area may result in displacement to another area the legislation does allow the Order to be extended into a larger area or adjacent streets. Councils need to take a proportionate approach and then review where applicable.

CBC Public Scrutiny Session September 2017 – Comments from this session will be added once it has taken place.

THIS DOCUMENT WILL BE UPLOADED TO THE COLCHESTER BOROUGH COUNCIL WEBSITE AND THE SAFER COLCHESTER PARTNERSHIP WEBSITE ONCE COMPLETE.