PAPER C
Purpose :
For Decision
Committee : EXECUTIVE
Date : 8 OCOTBER 2002
Title :
BYELAW TO REGULATE
THE USE OF SKATEBOARDS
SUMMARY/PURPOSE
To make a
byelaw to regulate the use of skateboards and other like equipment under s235
of the Local Government Act 1972.
There
is currently a byelaw in operation in the former South Wight Borough made in
1991 which regulates the use of skateboards so as they are not ridden to the
danger, nuisance or annoyance of persons lawfully using the footway or
carriageway.
The
Council was approached by the Hampshire Constabulary to draft and adopt a
byelaw to regulate the use of skateboards on any footways and carriageways
throughout the Isle of Wight. The police regard this nuisance as an increasing
problem. The Police originally
requested that certain areas on the island be made “designated area” which
would prohibit any use of skateboards within these areas. This required consultation with parish
councils and all police areas which the police were unable to fund. The police
further decided that effective enforcement of all designated areas would not be
possible. Consequently the police re-considered their request, taking the view
and decided that an extension of the existing byelaw to the whole of the island
would offer adequate powers for the regulation of the skateboarders.
Existing
byelaws have been checked and although there is currently a byelaw in operation
this only applies to the former South Wight area and as such members are asked
to recommend to full council the revocation of this former byelaw and the
adoption of an island wide byelaw.
The police have been consulted to ensure that the byelaw addresses existing nuisances experienced. The police receive nightly complaints in such areas a Cowes with the problem exasperated out of term time. The police have highlighted a lucuna within their powers to police skateboarders. They do have existing powers under the Highways Act and Road Traffic Act which are felt insufficient to tackle this nuisance as they require proof of games and actual danger to others respectively. The police have utilised the existing byelaw in the South Wight Area and are eager to expand the byelaw to the whole island.
The
recommendation takes account of the likely effect of the impact of the adoption
of this byelaw on the Island, and believe the adoption of such helps deliver
the councils duty to prevent, crime and disorder in its area under s17 Crime
and Disorder Act 1998.
The
recommendation takes account of appreciates that this may have an impact upon
the Human Rights of some individuals but believes it is proportionate in the
interests of highway users safety following the cumbersome enforcement
currently available in relation to this nuisance identified by the police
together with the fact that there are designated safer places to use skateboard
and other like equipment.
The
recommendation takes account of other strategic policies, budget and aims of
the Isle of Wight Council and believes it to be compatible with their
objectives.
The
recommendation takes account of fact that following confirmation of the byelaw
the Isle of Wight Council will not be the enforcing authority of the byelaw and
as such will not be able to control its enforcement. However the Isle of Wight Council will not bear the costs of this
enforcement either and benefit from any reduction in the nuisance.
FINANCIAL
IMPLICATIONS
There are no financial implications to the introduction of the byelaw save the cost of the process of drafting, adoption and submission to the ODPM as it will be subject to police enforcement.
The
Byelaw would make such a nuisance an offence liable on summary conviction to a
fine not exceeding level 2 on the standard scale. This is currently £500.
1
To place the matter before full council with
recommendation to resolve the following:
“To
formerly make the draft byelaw and authorise the proper officer of the council
to seal and date the byelaw on behalf of the Council.
To
further resolve that the byelaw be advertised in accordance with
recommendations of the DTLR and then after the period of deposit sent to the
deputy prime minister for possible confirmation.”
2
To be satisfied that the police’ current statutory
powers under Highways Act 1980 and Road Traffic Act 1988 are sufficient under
current not to make the Byelaw.
RECOMMENDATIONS
To resolve recommendation 1.
BACKGROUND
PAPERS
Isle
of Wight Council Byelaw 2002
Contact
Point : John Lawson, Head of Legal and Democratic Services 823207
|
M J A FISHER |
E FOX |
D KNOWLES |
|
Strategic Director Corporate and Environment Services |
Portfolio Holder for Transport |
Portfolio Holder for
Fire, Emergency Planning and Consumer Protection |