Decision details
Proposal for the introduction of the borough wide Public Spaces Protection Order (PSPO) to deal with the possession and use of psychoactive substances (e.g. nitrous oxide) and associated Anti-Social Behaviour (ASB)
Decision Maker: Cabinet
Decision status: Information Only
Is Key decision?: Yes
Is subject to call in?: Yes
Purpose:
The consultation exercise relating to the
extension of the responsible drinking Public Spaces Protection
Order resulted in a significant number of residents’
requesting a variation to the order to include the possession and
use of nitrous oxide canisters which is not offence contained
within the Psychoactive Substances Act 2016.
Following initial feedback so far, this proposal has been amended
to restrict individuals who ingest, inhale, inject, smoke, possess
or otherwise use psychoactive substances (e.g. nitrous oxide) and
which is causing or likely to cause harassment, alarm, distress,
nuisance or annoyance to members of the public.
It was not possible to include a variation at the time but as a
result of analysis there appears to be an evidence base to consider
the introduction of a PSPO. An extensive consultation exercise will
follow to determine whether a PSPO including determining the
wording of the prohibition is necessary and the geographical
boundaries within the borough to which the PSPO if introduced will
apply.
Decision:
Pre-Decision Scrutiny Questions and officer responses were noted.
DECISION
1. To note that the findings of the public consultation within Appendix C to the report, which ended on 15th February 2021, indicate overwhelming support for the introduction of a boroughwide Public Spaces Protection Order.
2. Exercising the power under section 59 of the Antisocial Behaviour Crime & Policing Act 2014, to agree to make a boroughwide Public Spaces Protection Order to deal with antisocial behaviour and nuisance linked to the recreational use of psychoactive substances, e.g. nitrous oxide, with the prohibitions set out in Appendix A to the report for a period of 3 years, expiring on 27th April 2024.
Action by:
CORPORATE DIRECTOR, HEALTH, ADULTS AND COMMUNITY (D. RADLEY)
(Director of Community Safety (A. Corbett)
Report author: Yasmin Ashley
Publication date: 30/04/2021
Date of decision: 28/04/2021
Decided at meeting: 28/04/2021 - Cabinet
Effective from: 08/05/2021
Accompanying Documents:
- 6.4 - Proposal for the introduction of the borough wide Public Spaces Protection Order (PSPO) to deal with the possession and use of psychoactive substances (e PDF 1 MB
- 6.4a - NOX PSPO Appendix A PDF 787 KB
- 6.4b - NOX PSPO Appendix B PDF 465 KB
- 6.4c - NOX PSPO Appendix C PDF 408 KB
- 6.4d - NOX PSPO Appendix D PDF 664 KB