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Public Spaces Protection Order Application

Police and Local Authority Consultation Document for Public Spaces Protection Orders (PSPO)

Anti-Social Behaviour, Crime and Policing Act 2014.

Part 1 – Locality & Period

1.1 Title State title of proposed PSPO area:

Unauthorised Encampments in City of Plymouth

1.2 Locality Provide outline of proposed PSPO boundary(ies), eg by naming roads, landmarks etc. Attach a map showing the definitive boundary(ies).

The proposed boundary as outlined on the enclosed sites maps: Loves Field, Central Park Prince Rock Playing Field, Embankment William Prance Road, Derriford

1.3 Period State proposed times using 24 hour clock, and dates, up to, but not exceeding, 3 years.

Times: between 00:00 and 24:00hours. (A twenty four hour period) Dates: [To be inserted from post consultation and Cabinet agreement] Proposed 3 years proposed from date of Order start date. Specific restrictions:

Intention to occupy or place any vehicle, caravan, tent, or other structure on the piece of land

Driving any vehicle on the land without authority

Littering and flytipping on the land

Lighting a fire on the land

Defecating or urinating on the land Positive requirements:

Removing any vehicle, caravan, tent or other structure within 12 hours of being directed to do so by or on behalf of Plymouth City Council.

Disposing of items as directed

Permitting a Council, Police or Fire Officer to extinguish a fire

Providing name, address and date of birth when required to do so by a Council or Police Officer

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Part 2 – Evidence of problem

2.1 Outline of problem Include details of activities that are taking place that are or may likely be detrimental to the local community's quality of life including any anti-social behaviour and crime which is relevant to the application e.g. nature, times and locations of occurrences.

Plymouth City Council deals with 25-30 Unauthorised Encampments (UEs) per year and has adopted a new Policy that will see the implementation of new Temporary Stopping Spaces (TSP) for the Gypsy, Roma and Traveller (GRT) community to occupy when visiting the City. Size of Unauthorised Encampments average but are not usually more than 1-3 families travelling together. According to the Policy, a site that is frequented more than three times over an 18 month period will be considered for a PSPO. Currently the below tables reflects these areas:

Last 18 months (August 2017 – Feb 2019

Frequency of Unauthorised Encampment

Towerfield Drive 3

William Prance Rd 3

Prince Rock Playing Field 4

Love’s Field Central Park 3

Broadley Park Rd 2

Row Down Close 3

Application of a PSPO can only be made on land that is within the Plymouth City Council Local Authority boundary. Two sites above do not fall within these requirements – Towerfield Drive and Broadley Park Road. Row Down Close has not been included due to lack of impact to local community reported. Opportunities for this site will be explored separately. Problems that occur with Unauthorised Encampments: Litter and flytipped waste Perception of nuisance/intimidation Increased negative image of Gypsy Roma Traveller community Perception of Council not taking action and complaints about legal processes not being quick enough Complaints regarding defecating and urinating on public land Costs associated with the Unauthorised Encampment There is little evidence or formal reporting that reflect the above problems. There is regularly substantial anecdotal evidence portrayed through local media channels that reflect the above issues but there is very little formal evidence recorded through to the Council.

2.2 Relationship between problem and PSPO Describe how a PSPO would help address the problem, specifically relating each aspect described in 2.1 to PSPOs as an intervention e.g. how the PSPO would help address a specific aspect of anti-social behaviour identified.

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An accelerated process of eviction will help move unauthorised encampments from areas covered with a PSPO to more suitable and effectively managed sites (TSPs). Flytipped waste and litter Once Temporary Stopping Places (TSPs) are available the Gypsy Roma Traveller community will use TSPs where facilities will be more effectively managed for waste disposal. Occupants of TSPs will be signed up to a code of conduct, license and will be charged for facilities. Perception of nuisance/intimidation The settled community will have advanced notice of where an Encampment will be sited therefore improving community relations. Increased negative image of Gypsy Roma Traveller community The aim is for the Gypsy Roma Traveller community to move quickly to more suitable sites and for their occupation to be managed more effectively, therefore improving perception of the community. Perception of Council not taking action and complaints about legal processes not being quick enough Decisive action taken quickly should reduce this perception. Complaints regarding defecating and urinating on public land Although a low number of complaints are received complaints will be reduced through the provision of better managed TSPs and detailed in the license and code of conduct Costs associated with Unauthorised Encampments Costs include legal, clearance and provision of facilities however, Gypsy Roma Traveller visitors will be contributing to costs for waste collection and disposal as well as adopting a code of conduct upon arrival to a Temporary Stopping Space. Breach of Prohibitions Breaching a PSPO is a criminal offence under section 67 of Anti-social Behaviour, Crime and Policing Act 2014 Failure to comply with orders

67 Offence of failing to comply with order

(1)It is an offence for a person without reasonable excuse—

(a) to do anything that the person is prohibited from doing by a public spaces protection order, or

(b) to fail to comply with a requirement to which the person is subject under a public spaces protection order.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. Alternatively a Fixed Penalty Notice may be issued. Enforcement Process A warning letter will usually be issued before formal legal action for breach of a PSPO is taken by Plymouth City Council.

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It is our intention that we will arrange delegated authority to authorise a number of Plymouth City Council officials or their agents, to take enforcement action empowered by the Act.

2.3 Other interventions and problem-solving Describe multi-agency interventions and problem-solving work specific to the area, which has previously been undertaken and / or is on-going, aimed at addressing the problem.

Within our Policy it is recognised that once Temporary Stopping Places (TSPs) are in place in Plymouth, the Police Authority will be better positioned to use additional powers under 62A Criminal Justice and Public Order Act 1994 ‘Direction to Leave Land where an alternative Site is available’ Partnership working will continue so that agencies are working together to engage with the Gypsy Roma Travelling (GRT) community to ensure that suitable provision is available and appropriate action is taken if the PSPO is breached. A land review is currently underway that seeks to provide pieces of land suitable on a temporary basis (TSPs), where Gypsy Roma Traveller families will be able to stay under a license agreement and terms for a period of up to 6 weeks. Other than these Temporary Stopping Places Plymouth City Council would like to ensure other pieces of land are protected from Unauthorised Encampments stopping due to the inappropriate nature of the sites, and the impact that these UEs have on the local community. Within Policy Plymouth City Council are seeking to implement PSPOs at sites that have been occupied as an unauthorised encampment 3 or more times within an 18 month period. Additional sites identified will trigger a variation within duration of the order. We are applying for PSPO only once Temporary Stopping Places are in place to reflect our understanding that provision for the Travelling community is under represented nationally.

2.4 Stakeholders’ views on problem Include any information previously gathered from e.g. local residents, community leaders, business people, school representatives, on the nature and effects of the problem. Note – consultation on the application is undertaken by Plymouth City Council via ward councillors and with the relevant Portfolio Holder, after receipt of the application and reported prior to the decision being made. NB: statutory consultation required Consultation commences (5 clear working days) with:- Ward Councillors (for proposed area) Police (if didn’t submit original evidence/ request) Community (e.g. website, press release, notices in area proposed) Owner/ occupier of land

Community Connections receive some complaints regarding Unauthorised Encampments however these are mostly anecdotal and are often a result of the negative perception that follows the GRT community and Unauthorised encampments. Residents are requested to formalise complaints however, there is lack of reporting evidence that outlines problems associated with Unauthorised Encampments.

2.5 Displacement Describe how any displacement of people to outside the proposed PSPO area will be policed and measures to minimise this and deal with any associated problems

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We will continue to follow corporate procedures to ensure that all Unauthorised Encampments are engaged and dealt with in a fair and appropriate way.

Part 3 – Evaluation

3.1 Previous use List all previous PSPOs (and any existing by-laws, DPPOs, Gating Orders, dog control orders,) already granted for the same or a similar area with dates and a summary of effectiveness (e.g.: data on crime reduction compared to a period before the PSPO or for the previous year; use of police dispersal powers to disperse people before problems arose). Include any relevant information relating to different areas which have had PSPOs e.g. neighbourhoods which have experienced similar problems. Include reference to relevant completed evaluation forms with dates.

There is currently a Dog Order PSPO covering some areas of Central Park but this does not cover Love’s Field and does not address the issues that this PSPO relates to.

3.2 Monitoring and evaluation Describe the process, which will be used to monitor and evaluate the use and effectiveness of the proposed PSPO. E.g.: data on related crime and anti-social behaviour in the area compared to periods prior to the proposed PSPO and for the same period in previous years; how any displacement of people likely to cause problems outside the proposed PSPO will be measured; relevant arrests made for breaches; feedback from officers exercising powers; feedback from the stakeholders.

As part of Plymouth City Council recording system, PSPO sites that are occupied will be recorded as PSPO breaches

A file will be opened for each PSPO breach that will record any warnings given and any further legal enforcement action

An annual review of sites that UEs occupy in the City will inform further areas suitable for extension of the PSPO.

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Love’s Field, Central Park

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Prince Rock Playing Field

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William Prance Road