What is a Public Space Protection Order?

A Public Space Protection Order, often referred to as a PSPO, is one of a range of new powers introduced by Parliament through the “Anti-social Behaviour, Crime and Policing Act 2014” available to Local Authorities to control significant nuisance problems. The Council, after consultation with key agencies including Police, can introduce a PSPO to control any particular nuisance problem in any defined area within the Local Authority area, where anti-social behaviour is persistent in nature and can be shown to have a detrimental effect on the local area.

What is classed as a Public Area?

The Public Space Protection Order will only seek to prohibit anti-social behaviour in public areas within the controlled zone, such as the highway, public footpaths, public car parks, public parks, and any communal area of land managed by the Local Authority. If your home is within the controlled zone, the order will not apply to what you do on your own property (house and garden) irrespective of whether you are an owner-occupier, private tenant, council tenant, or any other type of occupier.  Alternative Anti-social behaviour legislation may be utilised to address problems that are created from the home itself.

How long do Public Space Protection Orders last?

A Public Space Protection Order lasts for three years from the date it is formally approved, and it is also renewable for further three year periods on a repeat basis.

What terms or conditions can be included within a Public Space Protection Order?

The Council can introduce any terms (within reason) it wishes to attach to the PSPO, to address nuisance behaviour. These should have been carefully considered so that they do not interfere with any individual’s human rights. For example, a PSPO cannot prohibit or stop a group of people from the ‘right to assemble’. It is the specific behaviour that is sought to control through the order.

How will a Public Space Protection Order be publicised?

It is always prudent to ensure consultation has taken place with local residents and the main local agencies, especially Police. The PSPO will also be publicised by leafleting and letters, and by signage at key access points within the controlled zone. This will highlight what the prohibitions of any PSPO are, what the controlled zone is, a web address for further information, and what the penalty is if breach of the conditions is evidenced.

Can a Public Space Protection Order by challenged?

Anyone from the areas affected have a six-week period from the date the Council make the decision to introduce the Public Space Protection Order, to challenge the decision in the High Court. Independent legal advice should be sought by any individual within this time frame. Citizen’s Advice Bureau details - Wolverhampton 26 Snow Hill, Wolverhampton WV2 4AD (tel: 01902-572006). The Law Society details (tel: 0207-320-5650, http://solicitors.lawsociety.org.uk).

What is the penalty for breaching the terms of a Public Space Protection Order?
A fixed penalty notice of £80 will be issued for a first offence if breach is witnessed by police officers, or certain council officers. If a person commits repeat offences, upon summary conviction such offence is liable to a fine not exceeding £1000.

ACTIVE PUBLIC SPACE PROTECTION
ORDERS IN WOLVERHAMPTON

 

 

PARK VILLAGE

On 20th July 2015 the City of Wolverhampton Council resolved that that for an initial period of three years, a Public Space Protection Order will be in place for a section of ‘old’ Park Village to try to address unacceptable levels of anti-social behaviour. The City Council, Wolverhampton Homes, and West Midlands Police support this action.

There will be an initial period of grace whilst arrangements are made for the implementation of the order (publicity and signage), and no action will be taken before 1st September 2015. 

The specific conditions or prohibitions of this Public Space Protection Order are as follows : -

“Everyone is prohibited from the following activities in any ‘public area’ within the zone –

  1. Carrying any open container of alcohol
  2. Playing any ball games in the street
  3. Creating excessive or unreasonable noise levels
  4. Littering or fly-tipping
  5. Urinating
  6. Allowing dog-fouling"

park village PSPO_map
Click to enlarge


LOW HILL

On 20th July 2015 the City of Wolverhampton Council resolved that for an initial period of three years, a Public Space Protection Order will be in place for a section of Low Hill to try to address unacceptable levels of anti-social behaviour. The City Council, Wolverhampton Homes, and West Midlands Police support this action.

There will be an initial period of grace whilst arrangements are made for implementation of the order (publicity and signage), and no action will be taken before 1st September 2015.

The specific conditions or prohibitions of this Public Space Protection Order are as follows : -

“Everyone is prohibited from the following activities in any ‘public area’ within the zone –

  • Parking a caravan, or being in a caravan
  •  Fly-tipping or littering
  •  Allowing a dog belonging to you or your family to be outside of your control or outside of home without a lead"


Click to enlarge


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