Agenda item

Report and appendices attached.

Under the pre-decision scrutiny protocol, officers introduced a report due to go be considered by Cabinet on 14 October to allow more effective enforcement action in parks and open spaces. It was proposed to modernise the byelaws and allow the addressing of issues such as overnight parking and the overage use of children’s play areas. Public events and cycling policy would also be covered in the byelaws. New byelaws would require the permission of the Secretary of State and so a possible further decision would be needed from full Council in the future.

Enforcement of byelaws would be undertaken by the Council’s in-house enforcement team. The Metropolitan Police, including the section 92 officers controlled by the Council, could also be used to enforce byelaws. The precise hours of enforcement operations were not certain although there were both daytime and night teams. Enforcement action could be varied depending on the issue and escalated as necessary.

Members felt it was important that byelaws addressed cycling in parks and that a balanced approach should be taken to this as there were different views on the issue. Other issues Members thought could be covered by byelaws included the use of pedalos and e-scooters in parks. Officers felt the scattering of ashes in parks shouldn’t be encouraged but this would also depend on the results of the consultation.

It was suggested that the Cabinet report should go to all Councillors for them to respond to and that a date to conduct a review of the new byelaws should be agreed. Issues such as drones and fishing licences were covered by separate legislation and hence could not be included in byelaws. This also applied for the control of dogs in parks. Officers would consider the best date for a review of the byelaws. Another issue raised by Members was the impact of the new byelaws on housing land.

Members also felt that park signage could bed improved with a list of byelaws clearly displayed in parks although felt that byelaws were currently displayed in all Havering parks. Only enforcement dog fouling came under Council control with the control of dogs being subject to a separate legal process. The use of horse and traps would also be covered in the byelaws and there would effect on land classified as fields in trust. It was accepted that there were very few official bridleways in Havering, even though horse riding did take place in a number of parks. Officers were not aware of any park areas not owned by the Council as Tyler’s Common had been transferred to Council control.

The Board agreed unanimously that the following comments should be passed to the Cabinet Member as part of the pre-decision scrutiny process:

·        The importance of the enforcement of byelaws, especially during night time hours.

·        That all responses to the consultation on the byelaws should be carefully considered.

·        That the Cabinet report and the consultation materials should be sent to all Councillors.

·        That the impact of any new byelaws on housing land be clarified.

·        That careful consideration be given to the policy around cycling in parks.

·        The use of horse and traps to be enforced under the byelaws.