Town councillors want to hear from police before giving their backing to a by-law prohibiting people from publicly urinating and defecating in Appleby.
Appleby mayor Pamela Davidson, at a meeting of the town council on Wednesday, said: “I was quite shocked to find that this actually wasn’t a law.”
Town councillor Martin Railton, who apologised for being the person who put the item on the agenda, said he was acting on behalf of the Appleby Fair Communities Group. He said they would like the town council to recommend implementing a by-law to prohibit persons urinating and defecating in public places in Appleby.
“It is not a new problem, anyone who lives in the town centre or visits the public parks during the fair has probably got some experience of this, but it has got worse in recent years. I think in particular because of people spending time sleeping in transit vans in the town centre car parks,” said Mr Railton.
Councillors were told that the issue was raised as being a particular problem at the post-fair meeting and there was a really strong feeling from the public on this issue.
“Some people had had quite an unpleasant experience this year and the police admitted that they had very limited powers to deal with this issue and the introduction of a by-law would actually help the police to be able to fine people,” he said.
Town clerk Sue Gilbertson said that while the council can’t implement a by-law of this kind, it could “strongly recommend” that one should be brought in.
She said Steph Cordon, of Westmorland and Furness Council, who is the chair of the multi-agency strategic group (MASCG) which oversees the running of Appleby fair, had said this was something being considered. There was a public spaces protection order already in place which prohibits the drinking of alcohol in certain areas, but it can be extended, and has been extended in other places to cover this issue.
However, Andy Connell, who is both a town and Westmorland and Furness councillor, sounded a note of caution.
“The people who want this are concerned with five days in the year and that’s all, which is the time of the fair, I don’t think they have any interest in the rest of the year.
“There are of course unintended consequences once you have such a law. It applies throughout the year and local people are not unknown to, at least, urinate in places where they should not do on the way home,” said Mr Connell.
Deputy mayor Duncan Curley said: “I am concerned about the practicalities of implementing this law and I would be interested to know what the police say about whether they could make any practical use of this power. I think it is going to be a waste of time if the police are not going to actually use any powers which would be granted by this by-law.”
Town councillor Jim Chalmers said: “I think we need to be careful here that we are not using the fair as a reason to introduce a by-law. Is it a step too far to deal with something which perhaps is not such a major issue?”
He added that Appleby Town Council needs to be careful and to not become known as an organisation which simply wants by-laws to “deal with our traveller friends”.
It was agreed that the issue would be raised by the town clerk on Thursday when she was due to meet with the chair of MASCG and the views of Cumbria Constabulary would be sought before any recommendation was made by Appleby Town Council.
