The power to make a Public Spaces Protection Order was given to District Councils by the Anti-Social Behaviour, Crime and Policing Act 2014.
Before making an order, the council must consult with the local chief officer of police, and the local policing body; community representatives; and the owner or occupier of land within the restricted area. The Council must also notify the County Council and Parish (Town) Council of the proposed order.
Details of any consultations being carried out by the District Council about proposed orders will be posted below.
What is a PSPO?
The Council can make a PSPO on any public space within the area if it is satisfied that the activities carried out, or likely to be carried out, in a public space:
- have had, or are likely to have, a detrimental effect on the quality of life of those in the locality
- is, or is likely to be, persistent or continuing in nature
- is, or is likely to be, unreasonable
- justifies the restrictions imposed
The PSPO can prohibit people from doing certain things in an area, requires specified things to be done by persons carrying on specified activities in an area, or do both of those things.
A PSPO can last for up to three years but this time period can be extended if necessary.
It is an offence for a person, without reasonable excuse, to:
- do anything that the person is prohibited from doing by a PSPO; or
- fail to comply with a requirement to which the person is subject under a PSPO.
A person does not commit an offence by failing to comply with a prohibition or requirement that the Council did not have power to include in the PSPO. A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Depending on the behaviour in question, the enforcing officer could decide that a fixed penalty notice (FPN) would be the most appropriate sanction. The FPN can be issued by a police officer, PCSO, Council officer or other person designated by the Council.
Any challenge to the PSPO must be made in the High Court by an interested person within six weeks of it being made.
Orders under consultation