Decisions

No declarations of interest were received.

RESOLVED -

That the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 7 of Part 1 of Schedule 12A under Section 100(A)(4) of the Local Government Act 1972 and pursuant to regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005.

An apology for absence was received from Councillor Burrows.

That the adoption of the public open space at Martindale Close, Middlecroft be approved on the basis set out in the report.

* RESOLVED –

1.   That the responses received from the formal consultation on the Public Spaces Protection Order Chesterfield (No1) (relating to restricting alcohol consumption) and the Public Spaces Protection Order Chesterfield (No2) (relating to other anti-social behaviour controls), be acknowledged and noted.

2.   That the proposed Public Spaces Protection Orders, attached as Appendices 4 and 5 to the officer’s report, including the power to issue Fixed Penalty Notices, be approved.

3.   That the proposed conversion of the 2004 Designated Public Places Order into a Public Spaces Protection Order, and its subsequent discontinuation, be approved.

4.   That the proposed conversion of the 2011 Designated Public Places Order into a Public Spaces Protection Order, and amendments to exempt areas covered by the Public Spaces Protection Order (No1), be approved.

5.   That delegated authority be granted to the Local Government and Regulatory Law Manager in consultation with the Cabinet Member for Health and Wellbeing, to determine the implementation of the Public Spaces Protection Orders, as well as the amendments to the 2011 Designated Public Places Order, and discharge of the 2004 Designated Public Places Order.

6.   That delegated authority be granted to the Chief Executive to authorise officers to administer and enforce Fixed Penalty Notices in respect of the Public Spaces Protection Orders.

7.   That the level for Fixed Penalty Notices for breaches of the Public Spaces Protection Orders, be approved at £100.

8.   That a review be carried out by November 2018, to assess the levels and impacts of alcohol consumption in public spaces within the area of the converted 2011 Designated Public Places Order, to provide evidence that the new Public Spaces Protection Order should be continued or discontinued.

9.   That a progress report considering the impact and effectiveness of the Public Spaces Protection Orders, be produced and reported to the Cabinet on an annual basis.

REASONS FOR RECOMMENDATIONS

1.   Public Space Protection Orders are intended to deal with a particular nuisance or problem within a specific geographical area that is detrimental to the quality of life of local communities, by imposing conditions which are applicable to all persons on the use of that area.  They are designed to ensure that the law-abiding majority can use and enjoy public spaces, safe from anti-social behaviour.

2.   The proposals included in the Public Space Protection Orders are based on evidence, consultation responses and analysis, and are proportionate and necessary to address the issues of anti-social behaviour within the specified, designated locations.