AGENDA ITEM NO. 7
1.
REPORT TO:
Executive Board
REPORT NO:
CHPPO/50/07
DATE:
24 April 2007
LEAD MEMBER:
Councillor Aled R Roberts
(Corporate Governance and Leadership)
LEAD OFFICERS:
Chief Legal and Democratic Services Officer and
Chief Housing and Public Protection Officer
CONTACT OFFICER:
Toni Slater (Tel: 297038)
SUBJECT:
Amending the Council’s Byelaw on Pleasure Grounds
and Open Spaces
WARD:
N/A
PURPOSE OF THE REPORT
To seek the Executive Board’s support for a report to be put before Council proposing to amend
the Council’s existing byelaws on pleasure grounds and open spaces to include the prohibition of
the playing of ball games on Llwyn Isaf Green.
2.
EXECUTIVE SUMMARY
2.1
Section 164 of the Public Health Act 1875 and Section 15 of the Open Spaces Act 1906 enables
Local Authorities to make byelaws for the regulation of public walks and of open spaces and
burial grounds respectively.
2.2
Byelaws should be adopted only if required to address an existing problem.
2.3
The playing of ball games on Llwyn Isaf Green has been a contentious issue for several years,
centred on the interference with other people’s quiet enjoyment of the green. In the Communities
and Local Government Model Byelaw, “Ball games” means any game involving throwing,
catching, kicking, batting or running with any ball or other object designed for throwing and
catching. The report explains the reason for the proposed amendments to the byelaws.
3.
RECOMMENDATIONS
3.1
That members of the Executive Board note the report and recommend that Council amends
its Byelaws as proposed to prohibit the playing of ball games on Llwyn Isaf Green.
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REASON FOR RECOMMENDATION
To ensure adoption of proportionate enforcement measures allowing Llwyn Isaf to be accessed for
quiet enjoyment by a wide cross section of the public whilst maintaining health & public safety.
Mr Trevor Coxon
Chief Legal and Democratic Services Officer
Mr Andy Lewis
Chief Housing and Public Protection Officer
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BACKGROUND INFORMATION
4.1
At present, the Council has byelaws designed to moderate behaviour on pleasure grounds and
open spaces but these do not specifically restrict the playing of ball games on the Llwyn Isaf
Green. There is a general provision in the byelaws that a person shall not ‘wilfully obstruct,
disturb or annoy any other person in the proper use of the pleasure ground’. Presently, a person
breaching the byelaw may be prosecuted in the Magistrates’ Court for which the maximum
penalty is £50.
4.2
The Communities and Local Government guidelines advise that it will usually only be appropriate
to ban ball games in a small ground or an ornamental garden. Where the playing of ball games is
to be banned or severely restricted there should be other grounds in the locality where ball game
restrictions do not apply. Two such grounds have been identified within easy reach of Llwyn Isaf
namely:(1)
Bellevue Park in Offa; and
(2)
Garden Road Recreation Ground in Rhosddu
Although the guidelines do not address the proximity of where the “other grounds” should be in
the locality, the legal advice is that it should be within a reasonable walking distance.
(1)
Bellevue Park is 640 metres from Llwyn Isaf; and
(2)
Garden Road Recreation Ground is only 470 metres from Llwyn Isaf.
4.3
Although the Council has previously displayed a “no ball games” sign on Llwyn Isaf, generally
the Council has taken a tolerant and low intervention approach in the hope that those participating
in such activity would respect the rights of others to enjoy this valuable open space. This degree
of latitude has not been rewarded by participants in ball games and the difficulty has been
enforcing the notice as nothing existed in the byelaws to allow for this other than the general
provision referred to in para. 4.1 above. This lack of clarity has undermined the Council’s
attempts to impose, limit or restrict what has at times become a very anti social activity.
4.4
The period between April and September sees a significant increase in the playing of ball games,
football in particular and sometimes on a large and highly antisocial scale, upon the Llwyn Isaf
Green. This coincides with the improved weather conditions during this period and a greater
desire by other members of the public to use the space. The majority of ball games are played by
students and other young persons often in complete disregard of other potential users of the
Green, and as a result efforts have been made to establish a working dialogue between Wrexham
Council, Yale College, the Youth Service and the Police with a view to encouraging greater
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respect by these young people for the feelings of others by reducing antisocial activities
on the Green and finding alternative locations for the playing of ball games.
4.5
The Council believes that the playing of ball games deters families, particularly with young
children from using the Green due to a combination of the fear of they or their children being
injured by a ball or knocked over by a player and due to the general increase in anti-social
behaviour, including increased noise, litter and use of offensive/obscene language particularly
around the Bandstand area. The desire is to modify and ideally remove this more anti social
behaviour and to create a publicly accessible green space which can be enjoyed by all who wish to
use it.
4.6
Any person offending against the byelaw may be removed from the Green by an Officer of the
Council or a Police Constable. It is intended that WCBC Environmental Enforcement Officers
and Police Community Safety Officers (PCSO’s) would take the necessary enforcement action on
behalf of the Council, when a breach of the byelaw is identified and additionally where other
incidents of anti-social behaviour occur.
4.7
In addition to removal, the penalty for any person convicted of an offence under the new byelaw
would be a fine of up to £500.
4.8
As byelaws create criminal offences they cannot come into effect until confirmed by the Secretary
of State. The procedure prior to this is to submit to the Department for Communities and Local
Government (CALG) a draft for provisional approval. Once this approval has been received the
Council may proceed to make, seal and advertise the byelaws.
4.9
When placing the advertisement a photocopy of the sealed byelaw must be sent to the CALG
together with a copy of the advert and a letter indicating that it intends to apply for confirmation
once the sealed byelaws have been on deposit for one month.
4.10
An application for confirmation is submitted once the period of advertisement has ended.
4.11
On receipt of the sealed byelaws, provided that no objections are received, the Secretary of State
will confirm and return one set of the sealed byelaws. Where objections have been received,
copies will be sent to the Council for comments before a decision is taken.
4.12
A leaflet is being produced to advise on more suitable, alternative recreation areas for the playing
of ball games.
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CONSULTATION
5.1
As part of the statutory procedure for adopting byelaws the Council must advertise the proposals
locally and any comments received are considered before a decision is made to confirm the
byelaws.
5.2
Consultation has also been carried out with the Lead Member for Waste and Environment and the
Local Ward Member.
6.
SCRUTINY COMMITTEE COMMENTS
6.1
This report has not been considered by Scrutiny. The Llwyn Isaf Green management
arrangements with regard to reducing antisocial behaviour were reported to Executive Board on
the 17 October 2006.
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6.2
It was agreed that additional improvements to the management of this area would be put in place
including consistent measures of enforcement regarding activities on the Green, such as ball
games, which are likely to detrimentally affect other users of the public open space.
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IMPLICATIONS
7.1
Policy Framework – The matter falls within areas covered by Community Safety, Health
Social Care and Well-being Strategies and the Street scene Initiative
7.2
Budget – The additional duties and service pressures will be carried out within the existing
budget
7.3
Legal - the Council’s responsibility for community safety is defined by the Crime and Disorder
Act 1998
7.4
Staffing – There are no direct staffing implications as a result of this report. Existing staff will
cover this area as part of their town centre duties
7.5
Risk – The service risk have been assessed as part of the RAT.
7.6
Equalities – An Impact Assessment has identified the requirement for consultation arrangements
to be put into place to deal with communication of the proposals to the public. This issue is
currently being pursued with partner organisation to ensure appropriate measures are in place.
BACKGROUND PAPERS
1. Byelaws with respect to
Pleasure Grounds and
Open Spaces – Copy in
Members Library
LOCATION
Members Library
WEBSITE INFO.
2. Model Byelaws 2
Pleasure Grounds, Public
Walks and Open Spaces
Community and Local
Government
ModelByelaws –
www.communities.gov.uk
3. Guidance Notes 2
Pleasure Grounds, Public
Walks and Open Spaces
Community and Local
Government
Guidance Notes –
www.communities.gov.uk
4. Report to Executive
Board AMR/12/06 17th
October 2006 –
Management
Arrangements for Llwyn
Isaf Green
Members Library