PUBLIC TOILETS REVIEW: Report of the CHAIRMAN of the CALL-IN OVERVIEW and SCRUTINY COMMITTEE

AGENDA ITEM 4

BOROUGH OF POOLE

CABINET

14 MARCH2017

PUBLIC TOILETS REVIEW: report of the CHAIRMAN OF THE CALL-IN OVERVIEW AND SCRUTINY COMMITTEE

1. PURPOSE
2. To report the views and recommendations of the Call-in Overview and Scrutiny Committee.

1. DECISIONS REQUIRED

1. Cabinet approve that:

i)The public information featured on the Council’s website relating to the provision of public toilets and the Community Toilet Scheme be constantly reviewed and updated to ensure the accuracy of its content.

ii)All Councillors be made aware of updates to the Cabinet Forward Plan.

iii)For each of the Public Toilets, where it is proposed that they be mothballed, officers be directed to establish options with alternative providers and proceed with urgency.

1. BACKGROUND INFORMATION

1. I chaired the Meeting of the Call-in Overview and Scrutiny Committee on
   20 February 2017that considered the Decision made by Cabinet on 10 January 2017 in respect of proposed Public Toilets Review. The link to the Report, and associate appendices, is as follows:

3.2As Chairman I explained that I would invite the Lead Call-in Member, Members calling-in the Decision and Registered Speakers to address the Committee and to speak for up to 5 minutes, followed by the Portfolio Holder for Environmental and Consumer Protection,supported by the Environmental Services Manager and the Project Leader, Environmental and Consumer Protection Services (ECPS).

3.3The Committee considered the Decision of Cabinet 10 January 2017 (Minute No. CA89.17):

1. That Cabinet approve the closure of a further 8 public toilets (see Appendix 1 to the Report) to be closed as soon as practical arrangements can be made.

1. That Cabinet approve the continued support of the Community Toilet Scheme (CTS) to encourage participants in those areas of highest footfall and to retain the current participants (see Appendix 2 of the Report).

The Decision had been “called in” by the following Members; Councillors Brooke, Brown, Eades, Hadley, Howell and Mrs Moore.

The reasons for the “Call-in” were as follows:

1. Those on recreation grounds/parks e.g. Charborough Road and Baiter will have a potentially devastating impact upon sporting activities such as cricket and will only encourage the use of nearby bushes.

1. Closure of others, e.g. Constitution Hill, impact upon beauty spots, and so will have a negative impact with regard to visitors.

1. With more and more toilet closures across the Borough there is a potential damaging impact upon the Borough's reputation as a tourist centre and consequently a potential reduction in income as visitors stay away.

1. There is a growing concern over health issues, not only in terms of increased urination in and around public places, but also for Poole's taxi drivers who are finding it more and more difficult to access public toilets because of closures and alternatives due to parking restrictions (double yellow lines, etc.).

1. No explanation has been given as to why the Council is deviating from its policy of sourcing alternative facilities with equivalent benefit under the Community Toilet Scheme before closing toilets (Baiter being an example)

ADDITIONAL REASON FROM COUNCILLOR HADLEY

In particular sites when there is no alternative provision nearby, the Administration is creating a health hazard, these facilities were installed for a reason and whilst, we are building toilets with beach huts attached to a new sources of income there is a disconnect and ignorance of the ‘offer’ to those using Baiter for water sports or organised ball games and paying the exorbitant car park charges.

ADDITIONAL REASON FROM COUNCILLOR BROWN TO ADD TO REASON 5

Lack of consultation with representatives of workers who may be particularly affected by these toilet closures as a factor of their employment including local Taxi trade representatives, Royal Mail on behalf of postal workers, local bus companies on behalf of bus drivers, Road Haulage Association or representations of lorry drivers and others.

The Committee received representations from the Lead Call-in Member and three other Members calling in the Decision and four Registered Speakers.

Comments included:

-Acknowledgement by the Portfolio Holder that there were real health and safety concerns and potential environmental harm due to the closure of toilets adjacent to sports facilities i.e. Charborough Road, Broadstone and Baiter Park.

-The proposals would be counterproductive.

-Discussions with Broadstone Cricket Club were welcomed.

-Failure to notify Ward Councillors of a significant change in service and learning of the proposals via the sports club and public was unsatisfactory as early notification could have provided opportunities to help seek alternative solutions.

-Property should be handed over to alternative providers in a satisfactory working condition.

-Dogs walkers cannot gain access to toilets offered under the Community Toilet Scheme (CTS) e.g. shops and libraries.

-No reference was contained in the Report as to costings related to those toilets being mothballed or closed.

-Some toilets were in areas heavily used by local residents and visitors and will affect the economy and will create potential no go areas for delivery drivers.

-The CTS did not apply to this set of closures.

-The Equality Impact Assessment (EIA) was only done for the Town Centre.

-The programme should be deferred until the impact on old and young age groups and the vulnerable have been assessed.

The Chairman invited questions by the Committee and the following points were raised:

-Clarification was sought as to Charborough Road facilities having been closed for the past two years without complaint.
The Member stated that they had been opened by the groundsman.

Councillor Le Poidevin:

-The toilet facilities at Branksome Recreation Ground were only open during sports events and this was no good for dog walkers and users of the play areas.

-No efforts have been made to find an alternative CTS provider.

-There were no alternative provisions near to Branksome Recreation Ground.

-To expect visitors to Sea View to drive was not realistic and was unreasonable.

No questions were raised by the Committee.

Councillor Hadley

-Efforts should be directed at halting the cuts following the example of Surrey County Council, who appeared to have succeeded in persuading Government to release their full business rates to be used locally.

-The proposals are in contrast to the beach locations which are to remain open and new where facilities being built.

-At other established leisure sites facilities were used mainly by residents i.e. Council tax payers.

-At Baiter,as the building needs to be maintained in providing power and water for events, it is only reasonable for visitors and those paying £13.50 for launching and recovery to expect basic toilet facilities.

-The potential public health hazards have been recognised i.e. portaloos provided during traveller incursions.

-Annex 2 recognises those with health issues e.g. incontinence, will suffer from a further loss in confidence.

-Improving physical and mental health should be encouraged without creating barriers.

-Annex 2 references the Great British Public Toilet Map which contains out of date information. Similarly a Google search and the Borough’s own website was out of date. By contrast, in London, public toilets were signposted and those in Poole point visitors to closed facilities.

-The Cabinet decision demonstrates silo thinking.

-Toilets where there are no community facilities nearby should remain open i.e. Baiter Park, The Haven and Constitution Hill.

-Community toilets should be properly signposted.

-Maintaining availability details, on a range of relevant websites, should be made a condition of funding.

-Businesses participating in the CTS should be at useful locations and open at reasonable hours.

No questions were raised by the Committee.

Councillor Pope

-No problem with the closures where alternative facilities were close by.

-Continental Europe manage quite well without.

-To close public toilets without any alternative is mean spirited and discriminates against the elderly, disabled, young children and those suffering with poor bowel or bladder function.

-People will be discouraged from open air exercise, in contrast with the 2015 Annual Report of the Director of Public Health for Dorset, signed by the Leader of the Council e.g. Baiter.

-Facilities should not be simply closed down if they are vandalised.

-None of the mitigation measures in the EIA will assist those suffering long term illness and attempting to get back to normality.

No questions were raised by the Committee.

Mr Bob Lister, Resident

-Eight more toilets were being closed.

-Those closed initially in Ashley Road were set to be replaced by six others in a CTS but only one was open.

-The availability of public toilets was important to all types of users and pubs, cafés and restaurants were not an option.

-The principal concerns were for the retention of the Sandbanks Haven toilet.

-These toilets were heavily used by ratepayers and tourists and also service those travelling to Studland and the Haven Beach nearby.

-Consideration should be given to the introduction of a 20p entrance fee.

No questions were raised by the Committee.

Mr Mike Randall, Parkstone Bay Residents Association

-Baiter Park public toilets serve individuals and large groups, both young and old.

-The usage is extremely high.

-Many users have travelled long distances by car or return by water craft.

-Families spend long hours at the Park and no alternative facilities exist within a 15 minute walking distance and those driving will find it difficult to park.

-Removal of the facilities will simply encourage people to relieve themselves in the bushes nearby and to dispose of sanitary items in an unhygienic way.

-A Fields in Trust project ‘a Field of Hope’, involved the planting of hundreds of bulbs and attract visitors to evoke sensitivities, could cause people distress if toilets facilities are not found close by.

-The Report to Cabinet 10 January 2017, acknowledged that there were no neighbouring toilet facilities close to Baiter Park. It also stated that event organisers were obliged to provide portable toilet facilities.

-The Report refers to engagement with stakeholders but have Fields in Trust been consulted.

-Reference was made in the Report to portable toilets being provided for the travelling community and this would reignite and anger of residents.

-The Report also references other town where the impact has not had any negative effect but there are many instances in which the impact upon leisure and tourism and ultimately footfall has led to a drop in the local economy.

-There may be grounds to oppose the closure based on legitimate disability access grounds.

-A ‘Plan B’ should be in place prior to the closure of the Baiter Park public toilets.

-Councillor Mellor’s comments at the Cabinet Meeting held 10 January 2017 that he felt the Council had a duty to look after the most vulnerable, the old the young, should be taken into account.

No questions were raised by the Committee.

Mr Andrew Borrill, Branksome West Residents Association

-Branksome Recreation Ground users include dog walkers, young people and families in addition to those engaged in organised sports events.

-The facilities at present close mid-afternoon.

-With the existing opening hours, the issue of urinating was frequently reported at Resident Association’s meetings and residents were fearful of the situation getting worse.

-The nearest alternative facilities were at Branksome Station and Waitrose, some 15-20 minutes walking distance.

-Substantial investment has been made in the facilities at the Recreation Ground but the toilets will only be open during sporting fixtures.

-The site has a Fields in Trust designation and that organisation should be consulted.

-During traveller incursions the toilet facilities have saved the area from even more damage.

The Chairman invited questions by the Committee and the following points were raised:

-When the Circus uses the site were they responsible for providing portable toilet facilities?
The Chairman confirmed that the Circus did provide these.

-Has Fields in Trust been consulted?

The response from officers was ‘no’.

Eunice Marsden, Resident

-Vital to maintain basic level of toilet facilities

-Quoted from Shaun Robson’s Report regarding engagement with stakeholders

-No member of Parkstone Bay Association or any local resident had been contacted

-Had Fields in Trust been consulted or notified?

-Alternatives must be in place before closure of existing facilities

-Mothballing facilities was not the answer

-Baiter Harbourside Park was in constant use

-Whitecliff residents used park as a walking route to the Town Centre

-Without toilets, the trees and bushes would be the only option

-Borough of Poole food concession in Car Park, inconceivable for customers to walk 15 minutes to the nearest convenience

-Need to encourage visitors

-Using a lavatory was not a lifestyle choice

-Not asking for renovation, just basic working facilities

-Many Councillors, in their profiles, promote the better use of open spaces – now was the time to confirm those commitments

No questions were raised by the Committee.

The Chairman invited the Portfolio Holder for Environmental and Consumer Protection to address the Committee. The Committee noted the written responses submitted by the Portfolio Holder in respect of each of the Call-in reasons.

In response to the issues raised, the Portfolio Holder provided the following responses:

-In response to the criticism that there was no prior knowledge the Portfolio Holder stated that the Public Toilet Review had been published on the Cabinet’s Forward Plan and that there had been no secret of the fact or the implications in terms of closures.

-Regarding the use of Charborough Road and Broadstone Recreation Ground by large numbers of dog walkers the Portfolio Holder stated that he had personally used the area 100’s of time and never once seen any dog users use the public toilets.

-Negotiations with Broadstone Cricket Club were at an advanced stage and the Council had agreed to meet the cost of roof repairs at Charborough Road.

-Concern expressed related to Ashley Cross (Parkstone Park) should be allayed by the arrangements in hand to extend the Community Toilet Scheme in that area.

-The facilities at Alexandra Park and the Constitution Hill View Point were closed as much as they were open due to the frequency of vandalism.

-It was regarded important to note that those public toilets earmarked to be mothballed could be reopened if the budgetary situation should improve.

-The point raised regarding improvements in signposting, were agreed.

-For the users of Baiter Park the distance to Whitecliff was considered not to be too far.

-Regarding the Haven public toilets, support by business i.e. the Ferry operator, should not be expected.

-Charging for facilities had been tried at the Poole Bus Station and had consequently cost £60K due to broken locks, coin mechanisms and doors being vandalised.

-The proximity of the Quay to Baiter was considered to be 15 minutes walking distance and if the bushes and surrounding area was being used currently then this was likely to continue.

-Discussions were taking place with an external provider to take on the operation of the facilities at Baiter Park.

-Locally Poole has prioritised its budget for vulnerable with 75% being used to meet the cost of Adult Social Care and the provision of public toilets was not a statutory function.

-In February 2014, the decision was made to remove the sum of £293K from the budget for Public Conveniences and received no opposition. To date, savings of £260K had been found.

-During the representations received, no alternatives had been offered. In Manchester a substantial number of its public toilets had been closed and nationally the figure was estimated to be 50%. In Poole, 15 public toilets were to remain open and combined with the 20/21 CTS members, represented a greater number when compared to 2014 and were also in a better condition.

-Event organisers were required to provide portable toilet facilities and facilities would continue to be provided in the event of traveller incursions.

-Branksome Recreation Ground users did not tend to travel and dog walkers were most likely to be close to their homes nearby. Discussions were in hand with the Parkstone Arts Club to enrol them into the CTS.

The Chairman invited questions by the Committee and the following points were raised:

-Have the footfall figures and the cost per user been established?
The Project Leader, ECPS explained that an exercise had been conducted at Poole Road and based on water usage had been calculated to be £7 per user.
Further clarification was sought.

-What was the cost of vandalism?
The Portfolio Holder stated that the costs of vandalism were incorporated with the overall maintenance and repair budget.

-What was the extent of drug and other anti-social behaviour?
The Environmental Services Manager stated that that there was a high level of incidence such that resources were continually being stretched.