Public Spaces Protection Order
The Anti-Social Behaviour, Crime and Policing Act 2014 replaced 19 powers dealing with anti-social behaviour with 6 broader powers. This helped streamline procedures to allow a quicker response to anti-social behaviour.
Chapter 2 (Sections 59 to 75) of the 2014 Act introduced a new power called the Public Spaces Protection Order (PSPO).
Who can make a Public Spaces Protection Order?
Councils are responsible for making a Public Spaces Protection Order, although enforcement powers are much broader. Police Officers, Community Support Officers and authorised persons, which means a person authorised by the local authority that made the order are able to enforce the prohibitions and requirements.
What is a Public Spaces Protection Order?
The PSPO is intended to deal with a specific nuisance or problem in a particular area that is detrimental to the local community's quality of life, subject to meeting the below 'reasonable grounds test.' The PSPO imposes conditions on the use of that area and is designed to ensure the law-abiding majority can use and enjoy public spaces, safe from anti-social behaviour.
Reasonable Grounds Test
A local authority can make a PSPO on reasonable grounds subject to the following two conditions being met:
- Firstly, activities carried on in a public place have had, or are likely to have a detrimental effect on the quality of life of those in the locality;
- Secondly, that those activities are or likely to be persistent, continuing in nature or unreasonable; and justifies the restrictions imposed by the notice.
For more information please contact the Policy Team, Community Safety on 01495 311556.