Agenda item

That the Cabinet:

1.1 Notes the results of the public consultation exercise carried out relating to the proposals to make Public Space Protection Orders (‘PSPOs’) in respect of the lighting of fires and BBQs in the open Forest, and the feeding and petting of Forest animals;

1.2 Agrees to make The New Forest Public Spaces Protection Order 2023 (No.1) (‘PSPO No 1’) and The New Forest Public Spaces Protection Order 2023 (No.2) (‘PSPO No 2’) in the form set out in Appendices 5 and 6, noting the levels of the Fixed Penalties that will be incurred for breaches;

1.3 Agrees that PSPO No 1 and PSPO No 2 will come into force on 1 July 2023;

1.4 Authorises the Strategic Director for Housing, Communities and Governance, following the Cabinet meeting on 5 April 2023, to affix the Common Seal of the Council to PSPO No 1 and PSPO No 2 and sign accordingly, to make the Orders;

1.5 Authorises the publishing of PSPO No 1 and PSPO No 2 on the Council’s website and giving public notice of their making and effect in accordance with the Anti-social Behaviour, Crime and Policing Act 2014 (Publication of Public Spaces Protection Orders) Regulations 2014;

1.6 Authorises the Strategic Director for Housing, Communities and Governance to finalise all necessary arrangements with Partners, including the signage arrangements, entering into the necessary agreements with Partners and arranging training of proposed Authorised Officers; and

1.7 Authorises the postholders employed by Partners set out at Appendix 7 to be ‘authorised persons’ for the purposes of section 68 of the Anti-Social Behaviour, Crime and Policing Act 2014 in respect of the Public Spaces Protection Orders (defined in the PSPOs as Authorised Officers), the subject of this report.

REASONS FOR DECISION:

As set out in the report.

KEY DECISION:

Yes.

PORTFOLIO:

All.

ALTERNATIVE OPTIONS CONSIDERED/REJECTED:

As set out in the report.

DECLARATIONS OF INTEREST:

Cllr E Heron declared a non-pecuniary interest, in relation to item 4 for transparency as a member of Hampshire County Council and he was involved in several Forest organisations.

DISCUSSION:

The Vice-Chairman introduced the item and invited the Monitoring Officer to present a report to Cabinet on the proposed Public Space Protection Orders (PSPOs).

Cabinet noted that the Council and its partners had undertaken several years of work and collaboration to develop both proposed PSPOs. This work culminated in the agreed Public Consultation, following the Cabinet meeting in November 2022, and the numerous results that the public consultation garnered.

Cabinet believed that the level of detail contained within the report and the PSPO documents would enable the successful implementation of both orders. It was heard that training for those officers who would enforce the PSPOs would focus on the reasonable and proportionate action embodied by ‘the four Es’: Engage, Explain, Educate, and then Enforce. Cabinet agreed that the measurement of success would be the positive behavioural change across the District and not in the number of fines issued.

Members agreed that protection of the New Forest, its residents, its visitors and its wildlife is fundamental to the PSPOs and were pleased that the responses received to the public consultation reflected this.

Cabinet heard that the management of outdoor recreational space remained a corporate objective for Forestry England. The New Forest typified the pressures that arise from this responsibility but due to the collaborative work with the Council on this matter Forestry England believed that there would be positive behavioural change and an improvement in respect for the Forest.

Cabinet thanked the hard work and collaboration of Officers and their partners from Forestry England, the National Park Authority and Hampshire & Isle of Wight Fire and Rescue service.