The Anti-social Behaviour, Crime and Policing Act 2014 provides a broad legal framework within which Public Space Protection Orders (PSPO)can be implemented.

Orders can be introduced in a specific public area where the local authority is satisfied on reasonable grounds that certain conditions have been met. The first test concerns the nature of the anti-social behaviour, requiring that:

  • activities that have taken place have had a detrimental effect on the quality of life of those in the locality, or it is likely that activities will take place and that they will have a detrimental effect.
  • the effect or likely effect of these activities:
    • is, or is likely to be, persistent or continuing in nature.
    • is, or is likely to be, unreasonable.
    • justifies the restrictions being imposed.

A single PSPO can be used to target a range of different ASB issues. Orders allow councils to introduce reasonable prohibitions and/or requirements regarding certain behaviours within the specified public area and may also include prescribed exemptions.

As a minimum, each PSPO must set out:

  • what the detrimental activities are
  • what is being prohibited and/or required, including any exemptions
  • the area covered
  • the consequences for breach
  • the period for which it has effect.

A PSPO can last for up to three years, after which it must be reviewed. If the review supports an extension and other requirements are satisfied, it may be extended for up to a further three years. There is no limit on the number of times an Order may be reviewed and renewed.

A person commits an offence if they fail to comply with the Order.  A breach of the PSPO under section 63 of the Act, can be dealt with by means of a fixed penalty notice issued by authorised officers.  The fixed penalty notice is currently £100, discounted to £50 for early payment.  If the fixed penalty notice is unpaid, the matter can be heard in a Magistrate’s Court and the sanction can be raised to a level 3 fine.

There are a number of PSPOs in the Charnwood Borough Council area, including:

Charnwood Borough Council – Dog Control 2023-26

Bradgate Park and Swithland Wood – Dog Control 2023-26

Public Spaces Protection Order - Loughborough Town Centre 2023-2026

Public Spaces Protection Order (PSPO) for Waste Related Matters Consultation 2024

Last updated: Mon 8th July, 2024 @ 08:34