Decision details
Public Spaces Protection Order
Decision Maker: Cabinet
Decision status: Recommendations approved
Is Key decision?: Yes
Is subject to call in?: Yes
Purpose:
Cabinet considered recommendations made by the Overview and Scrutiny Panel on 20 August 2024 when it called-in the decision of Cabinet made on 25 July 2024 in relation to the Public Spaces Protection Order.
Decision:
Cabinet took the decision to accept the recommendations of the Overview and Scrutiny Panel and rescind its decision of the 25th July 2024 in respect of the Public Spaces Protection Order. Cabinet agreed that the necessary work should commence immediately towards implementation of a further combined PSPO for a period of three years.
Reasons for the decision:
Cabinet carefully considered the recommendations made by the Overview and Scrutiny Panel as well as the legal comments in the report and confidential annex. Cabinet noted the threat of judicial review and the costs associated with such litigation. In view of these costs it took the view that the PSPO in its current form should not be implemented but that work should commence immediately toward the implementation of a further PSPO to address the same behaviours the current PSPO sets out to address but that this work should be carried out in close consultation with the Council’s legal department so that the order addresses any issues of concern.
Alternative options considered:
Cabinet considered the alternatives which were to agree with the recommendations of the Overview and Scrutiny panel and decide to rescind the decision referred to in this report. Alternatively, not to agree with the recommendations and in this case its decision in respect of the PSPO made on the 25th July 2024 would remain intact. Cabinet noted that this would mean the PSPO would go on to be implemented which would almost certainly give rise to litigation by way of a Judicial Review.
Report author: Jo-Anna Taylor
Publication date: 23/08/2024
Date of decision: 22/08/2024
Decided at meeting: 22/08/2024 - Cabinet
Effective from: 03/09/2024
Accompanying Documents: