That the Public Space Protection Order 2023 Hopes Nose and Berry Head be amended from 24 June 2024, in the terms as attached to this Record of Decision.

In making this order the Council is satisfied that the conditions set out in Section 59 and 61 of the Anti-Social Behaviour, Crime and Policing Act have been met.

Within the consultation responses it was highlighted that the Angling Trust have a rule of three hooks between two rods, with an inherent suggestion that this should be considered as the basis for the limitation on fishing in the areas marked red. This was given serious consideration, however on balance it was considered necessary to have a very tightly controlled approach to aim to remove the antisocial behaviours as quickly as possible. Whilst it was recognised that this very tightly controlled approach would impact upon fishing other than for mackerel, the areas to which the PSPO apply are comparatively limited, thus permitting fishing in other locations. Within the balancing exercise, it was also recognised that this PSPO will be in existence until December 2024, and amendments to the same can be made at that point if the ASB has subsided.

An alternative option would have been to wait until the end of the PSPO in December 2024 and review at that stage. This option was discounted due to the increased ASB and conflict currently experienced within the PSPO areas.

This decision will come into force immediately.

Torbay Council in exercise of its powers under part 4, section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014, made an order in respect of a PSPO covering the sites of Hopes Nose, Torquay and Berry Head, Brixham in 2023.

Due to the continuance of ant-social behaviours at these locations a proposal to amend the 2023 PSPO was consulted upon under section 61 of the ASB, Crime and Policing Act 2014.

The consultation was broadly supportive of the proposed amendment, with some specific feedback considered in depth. In recognition of the need to use clear and unambiguous terminology, a slightly amended version of the proposed addition is approved and the following inclusion to the 2023 PSPO to be made:

·         No individual shall fish with more than one rod and the rod will be limited to only one hook (which must not contain any form of ‘string’ or ‘team’ of hooks) within the areas edged red on the attached maps.

Clause 3 of the 2023 Order will also be amended to read as follows:

·         An individual shall immediately leave an area edged red on the attached maps when directed to do so by an Authorised Officer and must not return to either area marked red within 48 hours of that direction.??

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