Decision details

To amend the Director of Environment and Enforcement’s delegation 11.13 to provide clarity on interpretation. The delegation currently states:

“To authorise the making of Public Space Protection Orders under Part 4 of the Anti Social Behaviour, Crime and Policing Act

2014, following consultation with the Leader or Deputy Leader of the Council and relevant ward members, and to incur any necessary expenditure to create, manage or revoke Public Space Protection Orders.”

The delegation was designed to encompass all Part 4 notices and orders, and singles out the making of PSPOs as requiring extra consultation above that of other notices / orders detailed in part 4 of the Anti social Behaviour Crime and Policing Act 2014.

To rectify this potential conflict additional wording is added:

“To authorise the making of notices and orders under Part 4 of the Anti Social Behaviour, Crime and Policing Act 2014. In the case of Public Space Protection Orders only these will require consultation with the Leader or Deputy Leader of the Council and relevant ward members, and authorisation given incur any necessary expenditure to create, manage or revoke Public Space Protection Orders.”

NB: The delegation scheme has been changed recently under delegated decision to reflect changes in the Senior Management Team Structure – the delegation referred to is now delegated to the HOPS as 11.14, however this is not yet printed in the constitution which is why reference is made above to the published delegation.

The current wording has become unclear, and to avoid any legal challenge to an order under Pt 4 it is prudent to ensure that the word of the delegation are express and cannot be misinterpreted.

Status quo, no change. This is rejected as it may offer an opportunity for an argument to be put, in defence of a notice served, to challenge that the Authority had not allocated sufficient delegated powers to an authorised officer.