1. Public Spaces Protection Orders

2. Public Spaces Protection Orders
Introduction to
Public Spaces Protection Orders

3. Power to make orders
The local authority can make an order as long as two conditions are met
Must consult with Police, PCC and other relevant bodies

4. Power to make orders First condition:
Activities carried out in a public place within the local authority’s area have a detrimental effect on the quality of life of those in the locality or
It is likely that that activities will be carried out in a public place within the area that will have such an effect

5. Power to make orders Second condition:
The effect, or likely effect, of the activities:
Is, or is likely to be, of a persistent or continuing nature
Is, or is likely to be, such as to make activities unreasonable and
Justifies the restrictions imposed by the notice

6. Consultation The local authority must consult with: Chief of police
Whatever community representatives the local authority thinks is appropriate
As far as is practicable, with the owner or occupier of the land in question
3rd bullet point – House of Lords amendment

7. The Order Identifies the public space as ‘restricted area’ and:
Prohibits specified things being done in the restricted area
Requires specified things to be done by persons carrying out specific activities in that area or
Does both

8. Prohibitions and requirements
The only prohibitions or requirements that can be imposed are ones that are reasonable to impose in order to:
Prevent the detrimental effect from occurring or recurring
Reduce the detrimental effect or reduce the risk of its occurrence, recurrence or continuance

9. Prohibitions and requirements
A prohibition or requirement may be framed:
So it applies all persons, or only persons in specified categories, or to all persons except those in specified categories
So it applies at all times, or only at specified times, or at all times except those specified
So it applies in all circumstances, or only in specified circumstances, or in all circumstances except those specified

10. Who can enforce the order?
Police Officer
Police Community Support Officer
Council Officers
Other groups that they designate including officers under the community safety accreditation scheme

11. Failure to comply with orders
It is an offence for a person without reasonable excuse:
To do anything that the person is prohibited from doing by a PSPO
To fail to comply with a requirement to which the person is subject under a PSPO
A person guilty of an offence is liable on summary conviction to a fine not £1,000
A person in breach of the PSPO can be invited to discharge the offence by payment of a Fixed Penalty Notice

12. Consumption of alcohol in breach of prohibition in order
Applies when a constable or authorised person reasonably believes that a person:
Is or has been consuming alcohol in breach of a prohibition
Intends to consume alcohol in circumstances which would be in breach of such a prohibition
Means person authorised by the local authority for the purposes of this section of Public Spaces Protection Order
Constable includes PCSO

13. Consumption of alcohol in breach of prohibition in order
The constable or authorised person can require the person to:
Not to consume, in breach of the order, alcohol or anything they reasonably believe to be alcohol
Surrender anything in their possession that they reasonably believe to be alcohol
It is not an offence to drink alcohol in a controlled drinking zone – the offence is to fail to comply with a request to cease drinking or surrender alcohol in a controlled drinking zone

14. Offence
The constable or authorised person who imposes the requirement must tell the person that failure to do so without reasonable excuse is an offence
Liable under summary conviction to a fine not exceeding £500
The local authority may decide that a FPN is a more appropriate sanction

15. What are the advantages of using a PSPO?
What are the disadvantages of using a PSPO?

16. Advantages Provides a way of dealing with street life issues
Easy for the Council to implement
Allows the Council to be seen to be taking action
Appeases complainants/councillors

17. Disadvantages Managing expectations Not easy to enforce
Will the fine act as a deterrent?
How will the offender pay the fine? What will be the effect of a monetary fine?
Does not deal with the root causes

18. Public Spaces Protection Orders
Examples of the use of
Public Spaces Protection Orders
Details can be found at

19. Begging Corby - Persons not to beg within the Restricted Area
Kettering – assertive/aggressive (commercial and charity) collection or soliciting for money on the street
Newport - Begging in a manner which is aggressive or intimidating, or which harasses members of the public
Oxford – persistent begging

20. Begging
Shepway – Approaching another person either in person or verbally in order to beg from the other person and sitting and loitering in a public place with any receptacle used to contain monies for the purpose of begging
Swindon – Placing himself in a position to receive alms for a continuing period

21. Alcohol
Corby
Kettering
Newport
Oxford
Shepway
Swindon

22. Sleeping on the streets and rough sleeping
Oxford – excellent details available about consultation undertaken
Shepway – All persons are prohibited from sleeping in any public place which is or includes (1) open to the air (2) Within a vehicle (3) Within a car park (4) A non fixed structure including caravans or tents

23. Busking
Oxford

24. My position …….

25. My view is that -
We should be taking action against the anti-social behaviour that is being experienced by, for example, beggars – not just the act of begging
A Civil Injunction is a more appropriate route to use to address the behaviour of an individual – take the evidence before the court and let them decide
A Civil Injunction can also include positive requirements not just prohibitions so can address the root causes