The Head of Environment and Leisure introduced the report which set out the detail of the motion which was presented to Full Council on 7 December 2022 where Members had recommended that the motion be referred to the Environment Committee.  He explained that the word ‘disposable’ needed to be removed from the report title, so that it reflected the sentiments of the motion.  The Head of Environment and Leisure referred to the motion set out at Appendix I of the report and the proposed measures within the motion and said that it related to all barbeques, not solely disposable ones (as this only related to one of the recommendations), and hence the change to the report title.  He outlined the mechanisms that could be put in place to take this forward and explained that the Council lacked evidence that barbeques were a problem in open spaces and that there was a lack of resources to take enforcement action.

The Chair invited Members to ask questions and make comments and these included:

·         The report sets out the issues of barbecues in open spaces and the challenges in enforcement;

·         in addition to recommendation (2), the impact on the use of barbeques within Swale needed to be monitored;

·         there needed to be a complete ban on the sale of disposable barbecues, as if they were for sale, they would be bought and used;

·         acknowledged that enforcement could be difficult;

·         considered the report did not set out the motion’s objectives in full;

·         supported a ban on barbeques in public open spaces;

·         the Government needed to ban the sale of disposable barbeques;

·         there was merit in moving this forward carefully;

·         this needed to be amended to make it ‘tougher’ and more in line with the motion;

·         needed to consider that some organisations might want to offer a barbeque as part of their event; and

·         these proposed measures were to deter irresponsible use of barbeques.

In response to a Member’s suggestion that the recommendation be amended, the Chair said that he would not accept the amendment and reminded Members that any amendment should have been submitted prior to the meeting, as set out in the constitution.  He added that he considered the report to be a detailed overview and that it proposed a sensible way forward. In reviewing what was happening within the Borough, officers could come back with more proposals at a later date when more was known. 

Further comments from Members included:

·         Acknowledged the Chair’s discretion to accept an amendment or not, but considered the report was not in the spirit of the motion that went to Full Council;

·         it was unfortunate that there was no debate on the motion at Council;

·         the use of Public Space Protection orders allowed the issue of fixed penalty notices on the spot, rather than the resource issues of implementing the relevant byelaw;

·         suggested there be a fixed date for the monitoring results to come back to the committee;

·         paragraph 2.4 in the report was not specific to disposable barbeques, but Byelaw 9 was inclusive to all barbeques; and

·         supported the use of Public Space Protection orders.

There was some discussion on the timeline for the monitoring figures to be reported back to the Environment Committee.  The Chair moved the following amendment:  That recommendation (2) be amended so that it read: ‘To monitor Swale Borough Council land and to monitor the impact of other Councils’ use of Public Space Protection orders in resolving the problem and to report back to the Environment Committee by December 2023.  This was seconded by Councillor David Simmons and on being put to the vote, the amendment was agreed.

Councillor Steve Davey proposed the substantive recommendations, to include the amendment, and they were seconded by Councillor David Simmons.

Resolved:

(1)      That the Chair of the Environment Committee sends a letter to Central Government and local MPs lobbying for a national ban on the sale of disposable BBQs.

(2)      That Swale Borough Council land, and the impact of other Councils’ use of Public Space Protection orders in resolving the problem, be monitored and reported back to the Environment Committee by December 2023.