REPORT TO: Executive Board

REPORT NO: LR/11/16

DATE: 21 June 2016

LEAD MEMBER: Councillor Hugh Jones(Place – Communities and Partnerships)

CONTACT OFFICER: Lee Robinson

SUBJECT: Proposed Wrexham Town Public Space Protection Order (PSPO)

WARD: Grosvenor, Brynyffynnon, Stansty, Smithfield, Maesydre

1. PURPOSE OF THE REPORT

To obtain Members approval for a Public Space Protection Order (PSPO) for Wrexham Town.

2. EXECUTIVE SUMMARY

2.1 The Anti-Social Behaviour Crime and Policing Act 2014 provides the powers for Local Authorities to introduce Public Space Protection Orders (PSPOs) to deal with a particular nuisance or problem in a specific area that is detrimental to the local community’s quality of life. The orders can last for up to least 3 years, but may be reviewed annually.

2.2 The following criteria, also known as the Test, must apply before a Local Authority can introduce a PSPO.

There are reasonable grounds that the activities carried out, or likely to be carried out, in a public space have had, or are likely to have, a detrimental effect on the quality of life of those in the locality;

the activities are, or are likely to be, persistent or continuing in nature; are, or are likely to be, unreasonable; and justifies the restrictions imposed.

2.3 Data analysis and anecdotal evidence of Anti-Social Behaviour reports and investigations in Wrexham town show that there is sufficient evidence to meet the criteria in 2.2 above, and hence the proposal for this PSPO.

2.4 Extensive formal and informal consultation is currently underway for the proposed order and is being delivered through the following means:

Your Voice Wrexham online consultation hub Town Centre Elected Members WCBC website Social Media Local Press Various relevant forums including Night Safe, the Town Centre

Forum, the Business Forum, Children and Young People Service

2.5 The consultation considers the conditions that are being proposed (Appendix one) and the geographical area in which the order will cover. (See figures one, two and three below).

2.6 Members have previously approved the fixed penalty notice fines of £100 (£75 early payment discount) for breaches of PSPO conditions at the Executive Board meeting in October 2015. (Report: HHPPE/103/15).

3 RECOMMENDATIONS

3.1 Member’s agree in principle a three year Public Space Protection Order with the conditions listed in Appendix one for Wrexham town, subject to the final findings of the public consultation that runs until 28 June 2016.

3.2 Member’s agree in principle the geographical coverage of the PSPO proposed for Wrexham town outlined in Figure three below, subject to the final findings of the public consultation that runs until 28 June 2016.

3.3 Members agree that the Lead Member for Place – Communities and Partnerships, receives the final findings of the public consultation and be given delegated powers to consider any final objections and make any final amends in order to approve the Wrexham town PSPO.

3.4 Members agree that the Lead Member for Place – Communities and Partnerships be given delegated powers to agree, subject to evidence and further public consultation, any future amendments to this Wrexham town PSPO.

REASONS FOR RECOMMENDATIONS

(i) To provide a long term solution for reducing incidents of Anti-Social Behaviour in Wrexham town.

(ii) To provide clear boundaries of the PSPO area for enforcement purposes.

(iii) To reduce the risk of displacement.

4. BACKGROUND INFORMATION

4.1 Wrexham is the largest town in North Wales and attracts visitors from a wide area, to both its daytime and night-time economy. New developments in recent years, such as Eagles Meadow for shopping and entertainment, along with forthcoming projects such as the Oriel Wrexham People’s Market will continue to improve the offer to residents and visitors alike. Input from the Manchester Metropolitan University, Business in the Community ‘ Healthy High Streets’ scheme, linked into the Town Centre Action Plan, and voluntary participation in events from local business groups, Forums and charities, ensure that the town is making every effort to ensure its continued strength and success. There is a need that the town is safe, attractive and pleasant in order to enhance the attractions available to residents and visitors.

4.2 Over the years the town has been subject to Anti-Social Behaviour which has had a detrimental effect on the quality of life of those visiting, living and working in the area. Recently issues have escalated resulting in increased community concern.

4.3 Over the last 12 months there has been an increase in the number of reports of Anti-Social Behaviour that have been submitted to both Wrexham County Borough Council and North Wales Police. There were over 300 incidents reported to the police in the last 12 months, including drunkenness, drug abuse, rowdiness, fighting and behaviour that causes alarm, harassment and distress to local retail businesses and visitors to the Town Centre and Bellevue Park. Figure one below shows the locations of reported incidents of ASB to North Wales Police over the last 12 months.

Figure one:

4.4 Incidents reported to the Council include similar behaviour with the main emphasis being on individuals being under the influence of substances, excessive noise, intimidation, groups loitering, and rowdy behaviour.

4.5 There are 2 North Wales Police Constables and 5 North Wales Police Community Support Officers that are allocated to the Town Centre Safer Neighbourhood Team. There is also a WCBC Enforcement Officer who has responsibility for patrolling the Town Centre. The area has been subject to various patrols and police operation’s, however none of these solutions have been able to resolve the concerns and issues on a long term basis. Dispersal Orders have been implemented but these are only for a short period of time. The PSPO will provide a longer term solution with enhanced enforcement powers for North Wales Police and WCBC Enforcement Officers.

4.6 Authorised Council Enforcement, Police Officers and Police Community Support Officers have undergone specialist training to be able to enforce the order and issue fixed penalty notice fines to persons breaching the conditions of the PSPO (listed in Appendix 1). A person committing an offence will have 14 days to pay the fixed penalty notice of £100 (or £75 if paid within 7 days), failing which they must be prosecuted. The maximum penalty upon conviction is a fine not exceeding £1000.

4.7 The enforcement officers from WCBC and North Wales Police will work to support the “visible vulnerable” (including those with protected characteristics and particularly those with mental health concerns) who may be subject to the PSPO in order to ensure that the PSPO is used appropriately and effectively. For example informal warnings maybe issued on the first occasion or officers may consider using the Community Remedy to support the offender into engaging with substance misuse services and other appropriate services

rather than prosecuting them via the PSPO. Officers will be working to ensure that the environment in the town is safe and welcoming for residents and visitors alike.

4.8 Long term solutions will be continued and strengthened alongside enforcement. Volunteer Members from Champions House Recovery Hub will assist in providing outreach work to those individuals, co-ordinating interventions and engagement across hot spot areas. They will assess the individual’s needs and signpost them to appropriate and relevant services. These will be referred to as “message carriers” where service users in recovery will make contact and offer support and help to those most in need. This additional level of support will be commenced as soon as the volunteers have been recruited and further work is ongoing to enhance this support.

How effective have PSPOs been in other parts of the UK?

4.9 Currently the Home Office do not collate information on PSPOs so it is difficult to ascertain their effectiveness. However, an article from the Joseph Rowntree Reform Trust Limited, stated that in February 2016 in England and Wales, since October 2014 when the new Anti-Social Behaviour, Crime and Policing Act 2014 was enacted out of the 346 authorities with the power to use PSPOs, 130 PSPOs have been passed in 79 Local Authorities in England and Wales. Each order included up to 10 different restrictions or bans. A further 113 Councils at that point in time had plans to implement one or more PSPOs in the near future. Whilst PSPO’s were slow to start it seems they are now a popular choice.

4.10 Where PSPOs have been introduced it is early days for many and feedback on their effectiveness is not readily available. However we do have some examples. The City of Lincoln Council were one of the first Council’s to introduce a PSPO. Their PSPO covered a ban on the public consumption of New Psychoactive Substances (Commonly known as legal highs) and drinking alcohol in public. In the first six months, they reported that they had 276 incidents of people breaking the ban, and in 247 of these cases the alcohol or legal highs were surrendered on request. Of the 29 breaches, there have so far been 12 successful prosecutions, with seven pending and a further 10 Fixed Penalty Notices issued. (A case goes to court if the Fixed Penalty Notice is not paid). In addition, anyone who breaches the PSPO is offered support through a local support service known as AddAction.

4.11 Colchester Borough Council put a PSPO in place in January 2015 in response to complaints received of excessive evening and night time noise. They reported that this has been a success and no further complaints have been received. In December 2015 they were consulting on extending the geography of the PSPO. The City of Wolverhampton Council introduced a PSPO in one area of their city and reported in November 2015:

“The Fixed Penalty Notices came into effect at the start of September and are proving to be an effective deterrent, with none handed out to date…. We have received positive feedback from the local community”.

4.12 The risk of dispersal or displacement of Anti-Social Behaviour to areas outside of the map has been a key concern for areas that have introduced PSPOs and this is something Wrexham also needs to consider. Evidence shows that in some areas this has not developed into a significant issue.

4.13 Lincoln City Council in their review, dated 24 November 2015 stated:

“An analysis of the location of these incidents was also provided through analysis of surrounding police ‘beat codes’ and, whilst this focussed on the areas immediately surrounding the PSPO, it did not demonstrate any significant displacement, with only single incidents occurring within the six month period anywhere outside of the PSPO area.”

4.14 Similarly, information has been provided by North Kesteven District Council to confirm that they have not seen any marked increase in these issues due to displacement from the city.

4.15 However, both Leicester and Barnett report that they have seen displacement issues for street drinking, as a result of their PSPOs and as a result have imposed city wide PSPOs to mitigate the issues.

Wrexham’s position

4.16 For Wrexham, whilst we do not know if dispersal / displacement will be an issue we need to ensure that plans are in place should mitigation be needed. This will be done in partnership with North Wales Police by utilising and implementing other existing legislation such as Dispersal Orders and the Public Order Act. The Police can also utilise Exclusion Orders following conviction. An example of this type of mitigation is the dispersal order at Wrexham Bus Station which has resulted in a substantial reduction in the number of complaints.

4.17 Secondly, following the PSPO coming into force we can vary the order to increase (or reduce) the restricted area (Section 63 Anti- Social Behaviour Crime and Policing Act 2014). As per the Anti-Social Behaviour Crime and Policing Act 2014 we need to be satisfied that the statutory conditions are met before making any variations. In order to make this process as efficient and timely as possible, delegated powers can be given to Lead Member for Place – Communities and Partnerships to sign off variations of this PSPOs or further PSPOs in the County Borough. We will be reviewing the PSPO on an ongoing basis.

Consultation 4.18 This Wrexham Town PSPO is currently out to Public Consultation. The

following forums have been utilised:

Your Voice Wrexham online consultation hub Town Centre Elected Members

WCBC website Social Media Local Press Various relevant forums including Night Safe, the Town Centre

Forum, the Business Forum, Children and Young People Services

4.19 The consultation considers the conditions that are being proposed and the geographical area which the PSPO will cover. Early feedback from Your Voice Wrexham shows (as of 7 June 2016) 98 responses have been received, and results so far indicate strong agreement with the conditions of the PSPO (over 85%). Comments so far have been broadly supportive but queries have been raised regarding dispersal. These can be addressed as in 4.16 and 4.17 above.

4.20 The original suggested area for the PSPO to cover is shown as the shaded area in figure two below:

Figure Two:

4.21 Early consultation findings clearly show that the boundaries of the PSPO need to be extended to cover further geographical areas where incidents of ASB have occurred over the last 12 months. The PSPO map has been revised as shown in figure three below:

Figure Three:

4.22 The public consultation will continue until 28 June 2016 on Your Voice Wrexham:

http://www.yourvoicewrexham.net/KMS/news.aspx

4.23 At the end of the public consultation the results will be fed back to the Lead Member for Place – Communities and Partnerships who, subject to Executive Board approval of this report and subject to the final findings of the public consultation will, using his delegated powers, sign off the Wrexham town PSPO.

5. IMPLICATIONS

5.1 Policy Framework – The enforcement of these new powers against offenders causing Anti-Social Behaviour will contribute to the delivery of the following Council Plan Outcome priorities:

PE3 People feel, and are, safe and secure E1 People want to live, work, visit and invest here E2 Businesses can locate and grow here E3 People can prosper as individuals and within their communities

The enforcement of the new powers will also support “Our Wrexham Plan”, the Local Service Board (LSB) strategic plan that the new Public Services Board has adopted for 2016-17, as well as the delivery plan of Partnership Delivery Board three “Wrexham is a place that’s Safe and where everyone feels included” that supports the work of both Wrexham PSB and North Wales Safer Communities Board (NWSCB).

5.2 Budget – The costs of staffing, administration and the purchase of new signs on site will be met within existing budget.

5.3 Legal – There are no legal considerations other than the legislation described within the report. Wrexham County Borough Council’s legal services have been consulted on this report.

5.4 Staffing – No additional staffing requirements.

5.5 Equality/Human Rights – Members are advised to consider the full Equality Impact Assessment, reference FIN/EIA00036/2016 which is available at: http://vmwinsqld/equalityisalive/Menu.aspx and a summary is attached as Appendix Two.

5.1 Risks – Not to address the issues of ASB in Wrexham town is a risk. People will continue to feel unsafe in the town and ASB will continue, or may escalate. This report describes how the PSPO will be implemented and how risks will be mitigated to support the visible vulnerable at the same time as addressing ASB in the town.

6. EVALUATION OF OPTIONS

Not applicable

BACKGROUND PAPERS LOCATION WEBSITE INFO.Anti-Social Behaviour Crime and Policing Act 2014 – FixedPenalty Notice Fines for Community Protection Noticesand Public Space Protection OrdersHHPPE / 103 /15

Wrexham County Borough Council website

http://www.wrexham.gov.uk/english/MinutesNew/searchreturn.cfm?action=results

ASB, Crime and Policing Act 2014 Legislation.gov.uk website

http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted