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Public Space(s) Protection Order (PSPO) 2021 formal consultation

Have your say on the proposed PSPO for Ashfield.

Public Spaces Protection Orders (PSPOs) are intended to deal with a particular nuisance or problem in a particular area that is detrimental to the local community’s quality of life. A PSPO works by imposing conditions on the use of that area which apply to everyone. They are designed to ensure that the law-abiding majority can use and enjoy public spaces without experiencing antisocial behaviour. A PSPO remains in place for a period of 3 years unless discharged by the Local Authority.

The Public Spaces Protection Order is currently in place for the period to 30 September 2021 and enables the Council to take preventive or enforcement action in public places regarding:

  • Alcohol consumption in a designated area
  • Urinating/defecating within a designated area
  • Dog fouling in specified areas
  • Failing to produce device or other means or removing dog faeces on demand
  • Dog exclusion in specified areas
  • Dogs on lead in specified areas
  • Dogs on lead by direction
  • Dogs specified maximum amount
  • Direction to move on for a person behaving in an anti-social manner.
On 29 June 2021, cabinet authorised that formal consultation could proceed for a period of 6 weeks following sign of by the Leader and Director of Place and Communities. The agreement is intended to review, amend and vary previous agreements set under the existing order.

The Public Spaces Protection Order Ashfield District Council 2021

The Order comes into force on 1 October 2021 and shall have effect for a period of 3 years, unless extended by further orders under Ashfield District Council’s statutory powers.

This Order incorporates:

  • Alcohol consumption in a designated area

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 not to consume and/or surrender their alcohol, the officer can 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.

There are eight designated areas in Ashfield where this applies and are highlighted within the 2021 PSPO Schedule 1.

  • Urinating/defecating within 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.

There are eight designated areas in Ashfield where this applies and are highlighted within the 2021 PSPO Schedule 1.

  • Dog fouling in specified areas

If a person allows a dog they are responsible for at that time to foul and walks away without picking up an officer can take action by means of issuing a Fixed Penalty Notice or provide evidence for legal action through the Court.

This relates to the entire district with the exception of forestry commission land as highlighted within Schedule 2 and accompanying map as drafted.

  • Failing to produce device or other means or 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.

This relates to the entire district with the exception of forestry commission land as highlighted within Schedule 2 and accompanying map as drafted.

  • 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.

This relates to the entire district with the exception of forestry commission land as highlighted within Schedule 2 and accompanying map as drafted.

  • 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.

This relates to the entire district with the exception of Forestry Commission land as highlighted within Schedule 2 and accompanying map as drafted.

  • Dog exclusion in specified areas

Dogs are excluded from specific locations within Ashfield including enclosed children’s play areas and enclosed sports facilities on parks i.e. tennis courts, bowling greens. An officer 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 as highlighted within Schedule 3 of the Order and accompanying map as drafted.

  • Dogs on leads in specified areas

If a person does not comply with placing their dog on a lead on: each and every length of road (including pavements, footways and verges, and the pedestrianised areas and cemeteries and churchyards (detailed as per Schedule 4 and accompanying map) 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.

There are eight designated areas in Ashfield where this applies and are highlighted within the drafted PSPO 2015 (as extended and varied 2018) Schedule 1.

Variations

  • 2018 Junction 27 M1 Car Cruising PSPO which expired on 3 May 2021 will be incorporated into the 2021 PSPO

The 2018 PSPO relating to Junction 27 M1 Car Cruising prohibited car cruising events within the designated areas of Junction 27 of the M1 Motorway and A611 where motor vehicles congregate and any of the following activities occurred:

  • 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
  • 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.

It is proposed that the prohibitions previously contained in the 2018 Junction 27 M1 Car Cruising PSPO are re-introduced.

  • Restricted access highway will be incorporated into the 2021 PSPO - Strip of land between Bentinck and Welbeck Street, Sutton-In-Ashfield

It was reported that there are a number of issues of anti-social behaviour within the vicinity of the cut through between Bentinck and Welbeck Street which is having a direct impact on the local community and those who reside in, work and visit, Sutton-In-Ashfield. It is proposed to close and gate the strip of land which runs between Bentinck Street and Welbeck Street, Sutton-In-Ashfield.

Share your views

Take part in the consultation by completing the online survey and giving your feedback on the PSPO proposals:

Public Space Protection Order (PSPO) 2021 formal consultation

Contact us

If you would like to make additional comments regarding the Public Space Protection orders this can be done in writing to:

  • Address:

Community Safety (PSPO)

Ashfield District Council,

Council Offices

Urban Road

Kirkby in Ashfield,

Nottinghamshire, East Midlands

NG17 8DA

Please note representations received after 12 midnight on 23rd August 2021 cannot be accepted.