PORTFOLIO HOLDERS - TRANSPORT AND FIRE, EMERGENCY PLANNING AND CONSUMER PROTECTION

SUMMARY/PURPOSE

To make a byelaw to regulate the use of skateboards and other like equipment under s235 of the Local Government Act 1972.

BACKGROUND

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.

CONSULTATION

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.

RISK MANAGEMENT

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.

LEGAL IMPLICATIONS

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.

OPTIONS

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

Isle of Wight Council

BYELAWS FOR THE GOOD RULE AND GOVERNMENT

Byelaws made under section 235 of the Local Government Act 1972 by the Council of the Isle of Wight for the good rule and government of the County of the Isle of Wight and for the prevention and suppression of nuisances.

Interpretation

1. In these byelaws:

“Highway” means the whole or a part of a highway other than a ferry or carriageway.

“Carriageway” means a way constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;

“Footway” means a way comprised in a highway which also comprises a carriageway,

being a way over which the public have a right of way on foot only;

Extent

2. These byelaws apply throughout the County of the Isle of Wight.

Restrictions on Skateboarding

3. No person shall on any footway or carriageway skate, slide or ride on rollers, skateboards, wheels, mechanical contrivances or other equipment in such a manner as to cause danger or nuisance or give reasonable grounds for annoyance to other persons lawfully using the footway or carriageway.

Penalty

4. Any person offending against any of these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.