CONTROVERSIAL restrictions proposed on busking and begging in Oxford are to be re- examined by a cross-party panel of councillors after a civil rights group said they were unlawful.
Oxford City Council delayed a vote on whether to approve a new public spaces protection order (PSPO) earlier this month after a threat of legal action from Liberty.
The order would have banned “persistent begging” and sleeping in public toilets in the city centre, but would have also effectively enshrined into law a buskers’ code of conduct.
Liberty said it would “criminalise homeless people and buskers”.
Now Green councillor Craig Simmons, chairman of the city council’s scrutiny committee, said a new working group would be set up to examine the PSPO again at a meeting next Tuesday.
He said: “We are going to look at it again and focus on going through Liberty’s legal advice and the response of officers, with possible recommendations for change.”
The panel is likely to consist of two councillors from the controlling Labour group, one Liberal Democrat and one Green, Mr Simmons added.
Its creation has also been backed by Lib Dem opposition leader Jean Fooks.
She said: “We share concerns with the Greens about the busking code of conduct and also believe we must not criminalise begging.”
Powers for councils to create PSPOs were introduced last year. They work in a similar way to an antisocial behaviour order, by banning certain things in a designated area. If one is breached, police or uniformed enforcement officers from the city council could issue on-the-spot fines of £100, and fines of £1,000 through a criminal prosecution.
The city council’s proposed PSPO has faced criticism for its inclusion of a busker’s code of conduct that councillors admit is out of date and in need of review.
The code currently requires performers to enjoy themselves and if included as part of the PSPO, would effectively be written into law.
Homeless support groups complained a ban on “persistent begging” will disproportionately affect rough sleepers.
They have called on a distinction to be made between persistent begging and “persistent and aggressive begging”.
Council officers insist this would create “loopholes”.
The order faced its biggest setback due to Liberty’s last-minute intervention before a meeting of senior councillors.
The campaign group’s lawyers Jason Coppel QC and Deok Joo Rhee claimed the proposed PSPO was unlawful on a number of human rights and common law grounds.
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