Public Spaces Protection Order 2024
Introduction
We have a local by-law referred to as a Public Spaces Protection Order 2024 (PSPO) which has replaced the previous 2021 order as of 1 October 2024, and will remain in place for the next 3 years.
The PSPO has been implemented to help the Council and Police address public space anti-social behaviour and environmental issues within the local area.
The order provides additional powers to these agencies under the Anti-Social Behaviour, Crime and Policing Act 2014 to take positive action and act as a deterrent to prevent nuisance behaviour in public spaces.
What is covered by the PSPO?
Both Police Officers, Police Community Support Officers and authorised officers by the Council can take action under the PSPO if a person is considered to have breached the requirements set out below:
Alcohol
If a person who is drinking alcohol is behaving or likely to behave in a manner to cause nuisance and annoyance an officer can request the person surrender their alcohol or pour it away. Failing to do so allows an officer to take action by means of issuing a Fixed Penalty Notice or provide evidence for legal action through the court.
Urinating or defecating in a designated area
If a person urinates or defecates within the specified area, an officer can take action by means of issuing a Fixed Penalty Notice or provide evidence for legal action through the court.
Dog fouling in specified area
If a person allows a dog they are responsible for at that time to foul and walks away without picking it up, an officer can take action by means of issuing a Fixed Penalty Notice or provide evidence for legal action through the court.
Failing to produce device or other means of removing dog faeces on demand
If a person does not produce a device or other means for removing dog faeces upon request an officer can take action by means of issuing a Fixed Penalty Notice or provide evidence for legal action through the court.
Dogs on lead by direction
If a person does not comply with placing their dog on a lead at the request of an authorised officer, the officer can take action by means of issuing a Fixed Penalty Notice or provide evidence for legal action through the court.
Dogs - specified maximum amount
No more than 6 dogs can be taken out at any one time by one person or an officer can take action by means of issuing a Fixed Penalty Notice or provide evidence for legal action through the court.
Dogs - exclusion in specified area
Dogs are excluded from specific locations within Ashfield including enclosed children’s play areas and enclosed sports facilities on parks such as tennis courts and bowling greens.
We can take action by means of issuing a Fixed Penalty Notice or provide evidence for legal action through the court if the person responsible for the dog allows it to enter the exclusion areas.
Dogs - on leads in specified areas
If a person does not comply with placing their dog on a lead when requested by an authorised officer, an officer can take action by means of issuing a Fixed Penalty Notice or provide evidence for legal action through the court.
Direction to move on
If a person is engaging in behaviour that is anti-social or creating a nuisance or annoyance and fails to move on when asked to do so, an officer can take action by means of issuing a Fixed Penalty Notice or provide evidence for legal action through the court.
Vehicle Nuisance
Vehicle Nuisance exclusions relates to the entire district and an offence is committed if at any time without reasonable excuse, an individual:
- participates in Car Cruising;
- promotes, organises or publicises Car Cruising (including but not limited to via email, the internet, Facebook, Twitter or similar social media, or any publication or broadcast);
- attends any meeting either as a vehicle owner, driver, passenger or spectator where a reasonable person would consider that Car Cruising is taking place.
Car cruising activities are:
- motor vehicles are driven at excessive speed or accelerated aggressively
- motor vehicles are raced against one another
- stunts are performed in motor vehicles
- music is played on equipment installed in a motor vehicle which is audible outside the vehicle; or
- motor vehicles are driven in convoy, whether side by side or in single file
- sounding horns (so as to cause public nuisance)
- congregating to spectate the above activities.
So as to cause any of the following:
- Excessive noise
- Danger to other road users
- A risk of injury to any person
- A risk of damage to property
- Causing obstruction on a public highway, or publicly accessible place, or private land, whether moving or stationary.
Street Harassment
A person commits an offence if at any time without reasonable excuse he is verbally abusive to another person or behaves in a way that causes or is likely to cause harassment alarm or distress to another person. This will include but not be limited to making sexually inappropriate comments or displaying inappropriate behaviours towards women and girls.
This may include but not limited to:
- catcalling
- wolf whistling
- following someone
- flashing or exposing intimidate parts
- non-consensual physical contact
- sexualised comments
- discriminatory comments relating to race, gender, sexuality disability, age, religion or other
Closure of the strip of land between Bentinck Street and Welbeck Street, Sutton in Ashfield
Following public consultation, the Council has restricted the right of way and closed said alleyway to members of the public. This means that members of the public are prohibited from accessing this area and should they access the area they will be in breach of the Council’s PSPO.
Breaching the PSPO
If a person is found to be in breach of the Public Spaces Protection Order 2024, this can result in them being issued with a Penalty Notice of £100 and/or risk of being prosecuted for breach of these provisions in pursuant of the order laid out by the Anti-Social Behaviour, Crime and Policing Act 2014.
- legislation link: Anti-Social Behaviour, Crime and Policing Act 2014
For further information relating to the PSPO, the Council Cabinet reports, the order and maps are attached to this page.