URL: https://democracy.bathnes.gov.uk/ieDecisionDetails.aspx?ID=2158

Decision Maker: Cabinet Member for Neighbourhood Services

Outcome:

Is Key Decision?: No

Is Callable In?: Yes

Purpose: The Public Spaces Protection Orders (PSPOs) restricting street drinking in Bath City and Midsomer Norton were renewed in September 2024. These orders, implemented under the Anti-Social Behaviour, Crime and Policing Act 2014, are crucial for maintaining public safety and addressing anti-social behaviour in these areas. To enforce these PSPOs effectively, it is essential to establish a clear and consistent penalty framework for breaches. This proposal aims to set the penalty levels for Fixed Penalty Notices (FPNs) issued under the Anti-Social Behaviour, Crime and Policing Act 2014, specifically for PSPO breaches. The goal is to ensure transparency, consistency, and formal documentation of the penalty levels.

Content: 1)  To set the Fixed Penalty charge for breach of Public Spaces Protection Orders at the following levels:   ·  Penalty Amount: Set the maximum Fixed Penalty Notice (FPN) amount for breach of PSPO at £100, to be paid within 28 days of notice being issued.   ·  Early Payment Reduction: Offer a reduced penalty of £75 if the payment is made within 14 days of the FPN being issued.   2)  To consider the legislative requirement for FPNs, as outlined in the Statutory Considerations section of the report.   3)  To ensure transparency and formal documentation of this decision through the Single Member Decision process.   (4)  To agree that the implementation of all future changes to PSPO Fixed Penalty charges are delegated to and implemented by the Director of People and Change, or any successor or equivalent role to that post in consultation with the relevant Cabinet Member. The Fixed Penalty Notice levels have been reviewed within the scope of the legislation. The aim of setting the penalty amounts is to ensure transparency in the process, and to act as a deterrent to those breaching a Public Spaces Protection Order (for anti-social behaviour related to alcohol). To set the FPN at the maximum amount of £100 without a reduction for early payment. However, this approach was deemed less effective in promoting prompt compliance and may disproportionately impact individuals.

Date of Decision: December 19, 2024