Home Page

PSPO Consultation

The Anti-social Behaviour, Crime and Policing Act 2014 created powers to introduce Public Spaces Protection Order(s). The Order enables Authorised Officers and Police to take specific action in within a defined area as set out within PSPO. 

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 anti-social behaviour.  A PSPO remains in place for a period of 3 years unless discharged by the Local Authority.

The existing Public Spaces Protection Order came into effect on 1 October 2015 which brought together and replaced powers the Council had previously introduced under Alcohol Designated Public Place Orders, Dog Control Orders and a previous by-law (urinating) after the introduction of the Anti-social Behaviour, Crime and Policing Act 2014. 

In line with Section 60, Anti-Social Behaviour, Crime and Policing Act 2014, a PSPO may not have effect for a period of more than 3 years unless extended. The existing PSPO enacted 1 October 2015, relating to a number of dog related issues, alcohol and urinating will therefore expire on 30 September 2018 unless the PSPO is extended.  Extending the PSPO ensures that the Council and Police can take suitable action including Fixed Penalty Notices for these types of issues. 

This proposed extended and varied Public Spaces Protection Order will enable the Council to take preventive or enforcement action in public places as follows:

 

  • 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 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.  There are 8 designated areas in Ashfield where this applies and are highlighted within the drafted PSPO 2015 (as extended and varied 2018) Schedule 1.

Proposed Variations: To incorporate additional locations as detailed and specified in the Order and Schedule 1.  These are the same locations as urinating and direction to move on.

 

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

 

Proposed Variations: To incorporate additional locations as detailed and specified in the Order and Schedule 1.  These are the same additions for alcohol/urinating and direction to move on.

 

  • 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.

 

Proposed Variations: Additional dog exclusion areas have been included see schedule 3.

 

  • 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. 

 

The renewal of an existing PSPO also allows for variation including adding a new prohibition. There is evidence from Council Officers and partners supporting the need for a “direction to move on” to be included into this PSPO.  This enables the Council to take preventive or enforcement action as follows:

 

  • Direction to move on (new)–

 

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

 

Proposed Variations: To incorporate ‘direction to move on’ into the Order in the specified areas.

 

Proposed Extension: The proposed PSPO (as above) will remain in place for a period of 3 years. 

 

Exemptions are in place which are detailed within the Order.

 

In summary, the Schedules refer to:

 

Schedule 1:  deals with alcohol consumption, urination/defecation, orders to move on (new provision), along with maps showing the relevant areas

 

Schedule 2:  deals with dog fouling, requirement to carry dog bags or other suitable receptacles, maximum number of dogs being exercised at one time, dogs on leads by direction.  Area to be covered is the whole of Ashfield District, except for Forestry Commission land (unless permitted)

 

Schedule 3:  deals with dog exclusion areas and maps are provided along with lists, showing the relevant areas

 

Schedule 4: deals with dogs needing to be on leads in specific areas designated by maps and on lists of areas