Showing posts with label Public Space Protection Order. Show all posts
Showing posts with label Public Space Protection Order. Show all posts

Tuesday 6 December 2022

UPDATE: Brent megaphone ban could undermine the right to free speech and protest

 


Megaphones in use at Saturday's Renters Protest and yesterday's Living Wage action by Brent Citizens

 

There have rightly been concerns expressed in the labour movement and amongst campaign groups about Conservative government plans to restrict public protests, including provisions around noise nuisance LINK.

Unfortunately proposals by Brent's Labour Council, perhaps inadvertently, could potentially impose limits on protest by prohibiting the use of megaphones or amplified microphones across the borough.

The Cabinet on Monday will be considering a long list of prohibitions under Public Space Protection Orders (PSPOs) that includes the following:

Prohibition 8: Use of megaphone or microphone with speaker

It is an offence to use loudspeakers for any purpose in the street at night between 9pm and 8am under S62 of The Control of Pollution Act 1974. Further, it is an offence to use loudspeakers at any time for advertising any entertainment, trade or business.

Exceptions when a loud speaker can be used are in emergencies, as a public address system or if Council gives consent. In an emergency loud speakers can be used by the police, fire brigade, ambulance service, environment agency, water and sewage companies or public transport companies.

However, there have been several instances when individuals come to Brent with their loudspeakers to preach sermons and advertise their services. This is common in High Road, Wembley, Wembley Park on event days and Kilburn High Road. This causes significant distress to local residents when this practice continues for hours on end and prevents them from enjoying the use of their own communities/homes. It also causes a nuisance to those that are using the same public space, as they can feel harassed by the noise. Therefore, a prohibition is sought to address the nuisance in the use of loudspeakers.


The following is feedback from the evidence gathering exercise and consultation:

In the proposed PSPO Order this is reduced to (they appear to have megaphone and microphone round the wrong way):

8. Use of megaphone or microphone with speaker

Any persons that uses a microphone or megaphone with a speakers without the written authorisation from the landowner and/or the London Borough of Brent

 

In previous versions of PSPOs regarding distribution of literature we have sought exemptions for political literature protecting the democratic right to free speech. This is recognised in the Order:

10.  Distribution of free literature

Any person who distributes free literature which includes leaflets, the giveaway of free items/samples etc. without authorisation from the London Borough of Brent. The following are exempt;

a. Political, charitable and religious purposes but must not obstruct the public highway

The right to protest and make our voices heard as campaigners, trade unionists or other activists using a megaphone should be similarly protected. In the current political situation with action by many trade unionists it is essential that our right to protest, including the use of megaphones is not restricted.

As a footnote is is worth noting that Quintain have agreed that Brent will be able to enforce prohibitions on its private estate around Wembley Stadium, including Olympic Way.  I have asked Brent Council officers whether this means that political literature can now be distributed. Hithertoo we have been stopped by Quintain security who say written permisison from the owners is required.

UPDATE December 7th. Brent Council has confirmed that Quintain at Wembley Park and Talisker at Central Square, Wembley, could still stop the distribution of exempt literature on their land.

The full list of prohibitions is below. As often stated  they mean little without the resources to enforce them.

 

Thursday 16 August 2018

Is this Big Brother Brent - or just plain sensible? You decide...

Consigned to the past?

Brent Council is consulting on the imposition of Public Space Protection Orders (PSPO) in many areas of Brent.

They explain:

We are consulting residents of Brent on introducing a Public Spaces Protection Order (PSPO) to help the police and Council tackle enviro crime and anti-social behaviour [in]our parks and open spaces. We seek to ensure that the law-abiding majority can use and enjoy public spaces, safe from anti-social behaviour. The Orders can be enforced by fixed penalty notices or prosecution, by police or Council officers. Current policy • A maximum fine for breach of Brent’s current park byelaws is £20 and there has been no enforcement undertaken since it was enacted. • A maximum fine for Breach of a PSPO is £100 and there is flexibility under the legislation to prosecute persistent offenders at Court, where they could be fined a maximum of £1000 pounds. Under the legislation consent would have to be given by private land owners should the Council decide to implement an order which covers such an area. Intended outcome: If a PSPO is introduced, those in breach face an instant £100 fixed penalty fine or possible criminal prosecution. If introduced, the PSPO will be enforced by a partnership of the police and council.

As always the question immediately arises as to whether the police or council have the resources or time  to enforce such rules as well as whether people could be caught by them through the lack of amenities such as public toilets in parks or through indulging in innocent activities with children such as feeding birds. Some proposals will be uncontroversial in principle but the method of enforcement, as highlighted by former councillor John Duffy over Fixed Penalty Notices for littering LINK, could aggravate matters. Given the increase in rough sleeping as a result of homelessness enforcement of 4) could result in harassment of those already vulnerable and in need.

These are the proposed  prohibited ‘anti-social’ activities:
1.     The use of illegal drugs and psychoactive substances (formerly known as legal highs) 

2.     Alcohol use 

3.     Littering of cigarettes, bottles, cans, food etc. 

4.     Erecting or occupying any shelter, sleeping apparatus, or caravan with the intention of 
residing in it without the written approval of the London Borough of Brent 

5.     Urinating or defecating 

6.     Feeding of vermin (pigeons and other species of birds, rats etc.) 

7.     Driving unauthorised motor vehicles without the consent of the London Borough of Brent 

8.     Defacing or damaging fixtures or furniture 

9.     Losing control of any dogs 

10. Walking more than 4 dogs at a time 

11. Allowing dogs access into specified “dog free“ areas 

12. The flying of drones without the consent of the London Borough of Brent. 

13. Launching of sky (Chinese) lanterns on council land 


REQUIREMENTS
Within the restricted area described above, the following activities are required :-
14.       In the event that a dog defecates in the restricted area, the person responsible for the dog at the time, must remove the faeces immediately
15.       Dogs are required to be kept on a lead when in or near any of the flower gardens within any restricted area

In the light of  grassland fires during the recent very dry spell it is interesting that barbecues are not mentioned. 

The parks and open spaces listed are:


Abbey Estate Open Space, Alperton Sports Ground, Barham Park, Barn Hill, Basing Hill, Brampton Grove, Bramshill Road, Brent River Park, Brentfield Park, Brondesbury Park, Butlers Green, Caffrey Gardens, Cambridge Square and Gardens, Canal Walk, Chalkhill Linear Park, Chalkhill Open Space, Chalkhill Park, Chapter Road, Chelmsford Square, Church End, Church Lane Recreation Ground, Crouch Road, Crown Walk, De Haviland Road, Denzil Road, Elmwood Park, Eton Grove, Evefield Open Space, Franklyn Road, Fryent Country Park, Furness Road, GEC Sports Ground (off Preston Road), Gibbons Recreation Ground, Gladstone Park, Goldsmith Lane, Grove Park, Hazel Road, Heather Park, John Billam Sports Ground, Kensal Green , Kenton Grange, King Edward VII Park, Wembley ,Kimberley Road, Kingsbury Green, Learie Constantine open space, Leybourne Road, Lindsay Park, Longstone Avenue, Mapesbury Dell, Maybank, Mayo Road, Meadow Garth, Milton Avenue, Mount Pleasant, Neasden Recreation Ground, Neasden Open Space, Northwick Park, One Tree Hill Recreation Ground, Pilgrims Way (Part of Fryent/Barnhill), Quainton Street ,Preston Park, Rainbow Park, , Roe End Shrubbery, Roe Green Park, Roe Green Village, Roundwood Park, Roundwood Road, Sherrens Farm, Shorts Croft Corner, Silver Jubilee Park, South Kilburn Open Space (Carlton Vale), Springfield Open Space, St Davids Close, St Mary’s Road (Challenge Close), St Raphaels Open Space, Stonebridge Recreation Ground, Streatley Road Pocket Park, Sudbury Court (East Lane /Vale Farm), Tenterden Recreation Ground, The Compass, The Shrine Open Space, Tiverton Playing Field, Tokyngton Recreation Ground(This is Brent River Park) Tubbs Road Pocket Park, Vale Farm Sports Ground, Village Way, Villiers Road, Welsh Harp Open Space, Willesden Sports Ground (King Edward VII recreation ground Willesden), Wilson Drive, Woodcock Park, Woodhouse Urban Park, Wybourne Way. 

You can complete the consultation HERE

Wednesday 20 September 2017

Out of sight, out of mind: Voices from Cricklewood on PSPO’s

Guest post by Scott Bartle, Brent Green Party

Resistance to poverty

Guest post by Scott Bartle

 
In March, Cllr Tom Miller, Brent Labour’s ‘Cabinet Member for Stronger Communities’ announced in the local newspaper a £2million splurge on CCTV and expansion of the use of Public Space Protection Orders (PSPOs). 

This week, it was announced that the council has extended the PSPO ‘borough-wide’, with further claims from Cllr Miller of obtaining the ability to:
“create a borough that residents feel safe and protected in, and the introduction of this borough-wide PSPO will boost our efforts to get rid of street drinking and anti-social behaviour in Brent, whilst making sure that those who need help for substance abuse are given the support they need” LINK
Protection Orders (PSPOs) were created under the Anti-Social Behaviour, Crime and Policing Act 2014 and allow councils to criminalise, non-criminal behaviour. Where Anti Social Behaviour Orders (Abs's), introduced 16 years earlier in 1998 (under the Crime and Disorder Act) were directed at individuals, the PSPOs are zonal and cover anyone within them.

PSPO’s are instead selected as a means to tackle called ‘undesirable or antisocial behaviour’, as they require less consultation than byelaws and are easier to enforce. A breach in a byelaw requires a trip to court & to be proven ‘beyond reasonable doubt’, whereas breach of a PSPO is determined merely by a ‘reasonable belief’. There is also limited scope to scrutinise or challenge a PSPO despite their use to target minority or vulnerable groups and curtail their human rights. 

Cricklewood Consultation 

Last year Brent Council offered a consultation on extending the use of PSPOs as a ‘crime reduction initiative’ around Chichele Road in Cricklewood. On this occasion, the target of the PSPO were people congregating on a road seeking work at a place where there was this tradition for nearly 150 years. Historically these were Irish people, but a recent Equalities Impact Assessment (EIA) suggested it was now people originating from Eastern Europe. Those who offered people work were from a variety of backgrounds, including British, Asian, Eastern European and others. 
The results of the consultation indicated that a whopping 91.67% of people strongly agreed / agree with extension of the the PSPO scheme. This left only 4.17% of people who strongly disagreed / disagree with it continuing. As such, the Labour run council, in disservice to the origins of its party name voted for an extension of the PSPO with a nonchalance for workers best placed within an England of a century ago.
“We are not concerned with the very poor. They are unthinkable, and only to be approached by the statistician or the poet.” E.M Forster (Howards End, 1910).  
Lies, dammed lies and statistics 

As with most statistics, the devils in the detail and its noteworthy the 4.17% who responded and strongly disagreed, were actually only one person (myself). This left only 23 people who strongly agreed to the scheme and agreed with the proposals. 14 of these people left comments and it is these voices of Cricklewood that are worthy of further examination. 

Voices from Cricklewood
  1. Male, aged 25–34 identifying as Asian British / Pakistani
“It’s necessary. This whole thing about people picking up casual workers causes the roads to get blocked as well during times of high traffic and this can cause buses to be delayed. It’s also problematic when the people looking for work just stand on the pavements and are in the way of people trying to walk and get somewhere. Really, this PSPO should be a permanent thing” 
This person’s concerns related to public infrastructure, claims that people seeking work were responsible for bus delays and the use of pavements. 

2. Male, aged 45–54 identifying as Mixed/Dual heritage, White & Asian.
“I have heard too many local anecdotes from neighbours that there are still too many instances of casual workers causing public disturbances in the local area.”
The definition of anecdote is ‘accounts regarded as unreliable or hearsay’. For many, rush hour for most people is a time of public disturbance. 

3. Female, aged 35–44 who did not wish to disclose ethnicity
“I don’t think its safe when I see large group of casual workers coming off a coach or waiting to be picked up on the road” 
This person felt scared upon witnessing the demographics of casual workers. It is unsaid if this is a fear of men, or a fear of particular men (i.e. people from eastern Europe). Yet, perhaps conflating the behaviour of a small minority of violent men with all men or people from Europe. 

4. Male, 55–64 identifying as White British
“It should be applied wherever and to the extent necessary.”
No qualifications but to the ‘extent necessary’, might be everything or nothing. 

5. Male, 45–55, identifying as White British. 
“I think this is important to continue to help improve the safety of people in the area”
This person cites safety which is relational to an unspecified danger. Is this person also scared of men or just ‘mostly Eastern European men’? 

6. Male, 55–64, identifying as White British
“What needs to be stopped is groups (almost exclusively male) of people continually and regularly gathering and drinking on the streets (particularly Cricklewood Broadway & Cricklewood Lane (particularly on the grassed area outside B&Q)”
This person identifies ‘street-drinkers’ as a problem, which is nothing to do with workers on Chichele Road. As detailed earlier, ‘street-drinking’ is an indicator of other social problems.

7. Male, 55–63, identifying as White British 
“This has to be kept going to safeguard surrounding areas as well as Cricklewood. Thank you.”
‘Safeguarding’ occurs a response to a perception of risk, danger or fear. 

8. Female, 35–44, identifying as White British
“I would be very grateful if this were extended. I am a woman who lives on (a nearby) road and used to feel very intimidated by the often large groups of men congregating on the corner of Sheldon Road and Chichele Road and stopped walking down Sheldon Road as a result. Since the PSPO order came into effect, the sizes of the groups has reduced and I feel able to use the road again”.
This person felt intimidated by ‘large groups of men’, over-estimating danger?

9. Male, 45–54, identifying as Mixed / Dual Heritage.
“It’s really important to have this in place and enforced properly. The gangs of men who still gather there are very off putting to the local residents and businesses. And note they still gather there despite the order currently in force.”
This person highlights the PSPO as ineffective, but wishes to prevent people or ‘business’ from experiencing ‘off-putting’ or unpleasant feelings. 

10. Female, 45–54, identifying as White British
“There are still large numbers of men waiting on the corner of Sheldon and Chichele Roads for large parts of the day. I haven’t seen any evidence of them being moved on by the police.”
Another person reports that the PSPO has been ineffective. 
11. Female, 35–44, identifying as White British
“I would still like something to be done about rough sleepers in Gladstone Park. I would also suggest that casual labourers are not the only source of ‘antisocial behaviour’ in Cricklewood. We are subject to near weekly racist abuse as Muslims on Cricklewood Broadway and in Gladstone Park — I do not walk in the park alone with my kids any more and have not done so for over 6 years because every time I went someone said something offensive to me. I am English. I am local. I do not feel safe or comfortable on Cricklewood’s streets. Please do something about this.”
A local woman who doesn’t feel safe on Cricklewood streets or Gladstone Park because of regular abuse relating to their religion, perhaps as a consequence of wider societal issues. 

12. Female, 55–64, identifying as White British
Without the PSPO in Cricklewood it is intimidating trying to walk in the area because of the large groups of migrants loitering looking for work. They also hang around the street corners at the weekend but when there is no work, drinking and loitering and it is not pleasant.
Here the fear of ‘large groups’ has been specified as ‘migrants’, indicating support for a PSPO based upon wider negative societal attitudes. ‘Loitering’ is an interesting term as its defined as ‘without purpose’ yet these people at Chichele road were ‘looking for work’.

13. Male, 55–64, who did not wish to disclose ethnicity.
“Please extend to include undesirables, loitering dealing in questionable substance on the street”.
This person does not specify the ‘undesirables’ and those ‘dealing in questionable substance’ are by definition not the people looking for work. 

14. Female, 45–54, identifying as White British.
Situation better but still not cured. Can be very intimidating to walk along the pavement where these people gather. Please extend the PSPO
This person, whilst supporting the PSPO indicates that its use has been ineffective. This person wishes for a PSPO to solve intimidation and fear of people gathering. 

In summary 

The intention of the PSPO was to prevent people congregating on a road seeking work, at a place where people have done so for nearly 150 years. Yet the voices from Cricklewood introduced us to people in fear of ‘men, migrants or groups of people’ as well as ‘loiterers’ and ‘undesirables’. The voices of Cricklewood sought for the the PSPO to be used as a a mechanism ‘where-ever’ for the benefit of ‘business’ to tackle social problems ranging from ‘drinking’ to ‘racism’ on ‘hearsay’. Yet similar to ‘crackdowns’ from time immemorial on other societal ills such as ‘gambling’, ‘drugs’ or ‘prostitution’, voices of Cricklewood identified that the PSPO was ineffective. 

So what to do? 

Across the country, from Newcastle down to, Brighton, Exeter or Hackney The Green Party have been vocal in their objection to PSPOs. This is because CCTV & PSPOs merely displace social issues & criminalise people who are of minority groups or are vulnerable. 

The voices from Cricklewood indicated a number of people feeling scared and intimidated walking around their local streets. Yet, the people themselves identified that these issues were wider than people seeking work. Racist or religious abuse are considered hate crimes, yet despite government initiatives reports of hate crime are said to be increasing. Societal issues can’t be tackled by a PSPO anymore than they could be tackled by an ASBO. 

If we take the current headline example of ‘street-drinking’, In guidance produced for Police Commissioners, Mark Ward of Alcohol Concern highlighted that ‘Street drinking’ is often an indicator of other problems.At the end of August, Brent Food Bank told the Brent and Kilburn Times that provision of food for people in poverty has increased by 200% in 3 years. Shelter reported a there are millions only one pay check away from not paying their mortgage or rent. Understandable, given average rents in Brent are 75% of average earnings and homelessness has doubled between 2009 and 2014. In addition, Brent has the 13th highest rate of unemployment in the country.

People will need to seek work to get money and support their families and the ‘men’ or ‘migrants’ of Chichele road are no different. Others, might understandably struggle with the pressures that society places upon them and turn to ‘street-drinking’ or end up homeless. In cold weather, Alcohol Concern report that the people ‘street-drinking’ do so because they are homeless. 

The common thread of what does work to help ‘street drinkers’, according to best practice relates to the building of trusting relationships. Coercion in any relationship can be toxic and it is understood that legal coercion, such as that occurring as a consequence of PSPOs aggravate factors associated with social exclusion and undermine individual motivation to change.

Claims such as that made by Cllr Miller above, that people should be criminalised for their own support or protection is an example of what sociologist John J Rodger describes as the criminalisation of social policy. It is evidence of a neoliberal philosophy in action, where the criminal justice system and its associated sanctions are used in place of social welfare. Furthermore, placing people at risk of a criminal record and a £1000 fine as offered by a PSPO burdens people with more problems to get back on track.

If the problem is people congregating for work: how about provision of somewhere safe to do so? If the problem is littering (which is classified as anti-social behaviour in the ‘crime’ figures) then is it not the councils responsibility to provide bins? If roads are congested, isn’t Transport for London & the cities infrastructure under shared ownership?

If a report in the paper was true that people were ‘defecating’ or ‘urinating’ outside, how about Cllr’s remembering that the provision of public toilets is vital public service. Brent is similar to other Councils across the country who do not see toilets as a priority. Brent has a mere 12 public toilets listed that do not include Library’s leisure centres or the civic centre. Yet its not just these workers who are affected, its older people and those with disabilities.

If we recognise a theme of all of these issues relates to poverty, then its time to vote for a political party that will offer a basic income. In the meantime, this borough-wide PSPO needs to be scrapped as criminalising people affected by the poor decisions of government is not a proportionate response. Especially given, the Cricklewood Consultation indicated that implementation of the ‘borough-wide PSPO’ may in part be based upon both fear of and negative societal attitudes towards people perceived as ‘migrants’.