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Oxford defers decision on Public Spaces Protection Order after Liberty opinion

Oxford City Council is to defer a decision on whether to introduce a Public Spaces Protection Order (PSPO) in the city centre, after receiving a legal opinion from Liberty arguing that the plans were unlawful.

The Order, as drafted, would have banned sleeping in public toilets and persistent begging amongst other activities.

A breach of the PSPO could be dealt with through the issuing of a Fixed Penalty Notice of up to £100, or a level 3 fine, £1000, on prosecution.

The council’s City Executive Board was due to consider introducing the PSPO yesterday (11 June) but the human rights group supplied an opinion from Jason Coppel QC and Deok Joo Rhee of 11KBW which claimed that:

  • Oxford had failed to make the case for the statutory conditions that must be satisfied before a PSPO can be adopted;
  • The council had failed to comply with its duties under the Equality Act 2010;
  • There were further legal flaws in the plans to ban “persistent begging”, sleeping in toilets and busking in breach of the council’s code of conduct – including disproportionate interference with a number of fundamental rights protected by the Human Rights Act.

Cllr Bob Price, Leader of Oxford, asked officers to withdraw the report before the City Executive Board so consideration could be given to the legal opinion.

In a statement the local authority said: “We received Liberty’s comments.... and it is responsible of us to take the proper time to consider the use of these new powers and what Liberty has to say.”

It added that a further report was to be brought back to the City Executive Board, but only when the council was confident that relevant concerns had been properly addressed.

Oxford said it had been trying to balance the problems of nuisance behaviour in its city centre with the rights of individuals. “Our draft PSPO was in response to complaints from residents and businesses in the city centre. It was aimed at tackling persistent and nuisance behaviour which can spoil the experience for everyone.”

Rosie Brighouse, Legal Officer for Liberty, said: “If somebody is forced to beg or sleep in a public toilet, that’s not antisocial behaviour – it’s poverty. Oxford City Council should focus on finding ways to help the most vulnerable people in their city, not slapping them with a criminal record and a fine they can’t possibly afford to pay. 

“These plans are unlawful and Liberty will try to challenge them if the council does not see sense.”

The power to impose PSPOs was created last year by the Anti-Social Behaviour, Crime and Policing Act 2014. Liberty has argued that the orders are “too widely drawn, with vague definitions of what can be criminalised and disproportionately punitive sanctions”.

The report from the Executive Director Community Services, which can be viewed here, had recommended that the City Executive Board:

  • Consider the case for a PSPO for the city centre; and
  • If that case had been made, confirm or amend as appropriate the draft order and associated Codes of Conduct attached to the report;
  • If the Order was made, to specify the date on which the Order was to come into force and the duration of the Order (maximum three years).

A report from Oxford’s Scrutiny Committee was also tabled before the meeting. The committee’s recommendations were that:

  • An Enforcement Code of Conduct for Officers should be produced and that this code should be in place and in the public domain before any enforcement actions are taken under the PSPO.
  • The City Executive Board should note that a minority of the Scrutiny Committee opposed aspects of the PSPO “most notably the inclusion of non-aggressive begging and busking in the PSPO”.
  • The existing ‘Code of Conduct for Busking and Street Entertaining in Oxford’ should be reviewed and revised to provide a more comprehensive ‘Guide to Busking and Street Entertaining in Oxford’. “This guide should be accessible to buskers, street entertainers, businesses and the public, and draw on examples of good practice from other cities, as well as input from stakeholders such as the Musicians Union. It should be in place before any enforcement actions are taken under the PSPO.”
  • Officers should be instructed to look at the differential equalities impact of the PSPO proposals, “for example the behaviour of sleeping in public toilets, having regard for example to safeguarding concerns for vulnerable adults”.

A copy of the Scrutiny Committee report can be viewed here.

 
A&M Bacon