Moseley & Kings Heath PSPO consultation

For support from the public for a Public Space Protection Order to address issues of ASB in the Moseley & Kings Heath area. 

A total of 13 responses were received through the Be-Heard consultation.  An additional two responses were emailed direct to the ASB Partnerships Manager from local elected members.

Of the 15 responses submitted, 11 responses supported the Order; 2 responses strongly opposed the Order and a further 2 appeared undecided. 

Of the 2 responses which opposed the Order, one response objected to the use of this legislation to tackle the behaviours prohibited by the Order.  The other response objected to the legislation itself.

Of the 11 responses which supported the Order, 6 responses requested additional prohibitions or areas were added.  3 responses requested further clarification on parts of the Order including whether it could be reviewed and varied; the definition of nuisance, social drinking and encouraging street art. 

Of the 2 responses which appeared undecided, these responses requested further clarification of the prohibition – groups congregating.  They suggested that the current wording may restrict freedom of association and speech, or target groups of people who are not acting anti-socially. 

As a result of the consultation, the following amendments were added:

• Groups congregating - this prohibition has been amended.  This prohibition can only be enforced if an Authorised Person believes a group is causing, or is likely to cause, anti-social behaviour.  It also highlights that an individual’s freedom of association and speech are protected and not prohibited.
• Groups congregating – this prohibition has also been amended to refer to adults (over 18) only.  There is no evidence of complaints from residents about groups of young people acting anti-socially. 
• Graffiti – this prohibition has been amended as concerns were raised that it may prohibit authorised graffiti activity as street art.  The Order now prohibits carrying materials for graffiti when not for authorised purposes.   
• Alcohol – this prohibition has been amended as concerns were raised around non anti-social drinking, in particular outside cafes/ licensed premises.  Authorised persons can only confiscate alcohol if they believe anti-social behaviour has been caused, or is likely to be caused by the street drinking.  The Order specifically states that this Order does not apply to areas which are covered by Licensing legislation. 
• Positive requirements – the Order has been amended to increase and strengthen the positive requirements.  A requirement for young people to be referred to Aquarius if they breach the Order for substance misuse has been included. 

 Following the consultation, the following suggestions were not included in the Order:

• Extension of the Restricted Area to include entrance to Moseley Hall Hospital and Moseley Dovecote – this has not been included as there is limited evidence of anti-social behaviour to justify this measure. 
• Add urinating as a prohibition – this has not been added as it is felt that this is included under the definition of nuisance. 
• Add litter – this has not been added as there is other primary legislation. 

A revised version of the Order was subsequently circulated to local elected members and the stakeholder groups, Greener Cleaner Safer Environment Group and Moseley Community Alcohol Partnership.  A summary of the consultation findings was also circulated.  We requested specific information on whether they felt it addressed the concerns which had been raised.  Three further comments were received.  All comments were supportive of the revised Order and raised no concerns.