Decision details

The Cabinet Member for Communities & Inclusion presented a report regarding the findings of the statutory review of the Public Spaces Protection Order (PSPO) currently in force within Bury Town Centre. It was noted that the review concluded that, whilst the general public were not in favour of an extension, the responses submitted by affected businesses in Bury supported retaining the conditions prohibiting the use of amplified equipment and the consumption of alcohol in a public place. Both elements of the PSPO continue to deliver clear community?safety benefits and were therefore proposed for a further three-year extension. Members noted the low response rate to the consultation, although key partners were consulted and gave their feedback so the results were satisfactory. It was also noted that performance arts and music was still welcomed in the Town Centre, but permission was needed.

Decision:

1.    Cabinet approved the proposed extension of the Town Centre PSPO with conditions prohibiting the consumption of alcohol and the use of amplified equipment for a period of three years.

2.    Cabinet confirmed satisfaction that:

·       the criteria for an extension and a variation has been met;

·       the necessary public consultation has been undertaken; and

·       Agreed to the conditions of the Order.

Reasons for the decision:

·       The consultation findings provide continued strong public support and the ongoing requirement for early intervention powers, the Council considers it both necessary and proportionate to extend this condition namely the restriction on alcohol consumption in public spaces within Bury Town Centre for a further three years.

·       Taking into account the 2026 public consultation and the original concerns that led to the implementation of the current PSPO, which has proved effective in managing the use of amplified equipment, the Council considers that retaining this condition continues to meet the statutory tests of necessity and proportionality.

Alternative options considered and rejected:

·       Civil Injunction - This would only apply to a single individual in question, meaning anyone other person(s) allegedly causing any issues would be dealt with separately. Consequently any enforcement would have to be repeated for each individual.

·       Community Protection Notice (CPN) - as with the Civil Injunction this is an action that can only be used towards an individual and not to tackle a collective problem.

·       Acceptable Behaviour Contract (ABC) - An ABC is a low-level intervention that can be used alongside a PSPO. This is a proportionate enforcement option for low level offending and is a non-enforceable contract between Bury Council and an individual which is voluntarily agreed. During the consultation process, the option to ban busking altogether was considered as this had be requested by some residents and businesses, however after assessing the situation and looking at the impact this would have it was agreed that this was not a viable option and for the members of the public who are socially and economically struggling, it would possibly have a detrimental effect on them.