The Anti-Social Behaviour, Crime and Policing Act 2014 allows local authorities to introduce Public Space Protection Orders (PSPO) in specific areas where evidence exists of relevant anti-social-behaviour.
These orders can be used where behaviour is having a detrimental effect on the quality of life of those within the area.
To implement a PSPO this Council must be able to show that the behaviour is continuing or persistent, and is unreasonable due to the negative impacts caused.
The new power replaces the Designated Public Place Orders (commonly referred to as 'No Drinking' Order or DPPO's) and Dog Control areas which we currently have in place in Sedgemoor (full list of current DPPO's and Dog Control Orders attached as appendix 1). The Designated Public Places Orders and Dog Control Orders will legislatively cease to exist in October 2017.
The new power is more flexible and allows local authorities to tackle a wider range of issues, as it is not just restricted to alcohol.
Sedgemoor District Council is launching a consultation on our proposed new Public Space Protection Order's (appendix 1,2,3).
This consultation is open to the public. All Town/Parish Councils and Councillors within Sedgemoor and licensed premises within a proposed area are being directly contacted for their views.
Sedgemoor District Council will look to implement agreed PSPO's in October 2017.
On completing the consultation, the Council will review all information received with the Police. At this stage, final proposal will be taken to Sedgemoor Dictrict Council Executive Committee for agreement to implement in October 2017.
The final orders will then be publicised and signs will be put in place to inform the public. There will be a formal copy held at Bridgwater House.
Designed to stop individuals or groups from committing anti-social behaviour in a public space.
Who can make a PSPO?
Councils issue a Public Space Protection Order (PSPO) after consultation with the Police; Police and Crime Commissioner; and other relevant bodies.
Behaviour being restricted has to:
Be having or be likely to have a detrimental effect on the quality of life of those in the locality
Be persistent or continuing in nature; and
Restrictions and requirements set by the Council
These can be blanket restrictions or requirements or can be targeted against certain behaviours by certain groups at certain times
Can restrict access to public spaces (including certain types of highway) where that route is being used to commit anti-social behaviour
Can be enforced by a police officer, police community support officer or council officer
Penalty on breach
Breach is a criminal offence
Enforcement officers can issue a fixed penalty notice of up to £100 if appropriate
A fine of up to level 3 on prosecution
Anyone who lives in. or regularly works in, or visits the area can appeal a PSPO in the High Court within 6 weeks of issue
Further appeal is available each time the Council varies the PSPO
Important changes / differences
More than one restriction can be added to the same PSPO, meaning that a single PSPO can deal with a wider range of behaviours than the order it replaces.
Orders only last 3 years. After 3 years review needed to renew.