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Public Space Protection Orders (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 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 1 October 2015 – 30 September 2018 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

 

On 26 July 2018 Full Council authorised the extension and variation of this existing Public Space Protection Order (PSPO) referred to as:

The Public Spaces Protection Order

(Ashfield District Council) 2015 (as extended and varied 2018)

 

The Order comes into force on 1 October 2018 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 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 eight designated areas in Ashfield where this applies and are highlighted within the drafted PSPO 2015 (as extended and varied 2018) Schedule 1.

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

Approved Variation: 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 six 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.

 

Approved Variation: 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 the PSPO (2015) also allowed for variation including adding a new prohibition.  Based on evidence from Council Officers and partners the ‘direction to move on’ has been 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 eight designated areas in Ashfield where this applies and are highlighted within the drafted PSPO 2015 (as extended and varied 2018) Schedule 1.

Approved Variation: To incorporate Direction to Move On.

In accordance with statutory guidelines and detailed in Section 72, Anti-Social Behaviour, Crime and Policing Act 2014 a period of consultation covered 28 days from 15 June 2018 to 14 July 2018 and a summary of the responses and evidence to support the order was included in the decision making process.

The Council’s Community Protection Officers will be authorised to take appropriate and proportionate action in relation to this Public Spaces Protection Order if approved. This will ensure key issues can be responded to and enable officers to ensure public spaces are clean and nuisance free.

 

For a copy of the published notice please click here.

For a copy of the Order click here.

For a copy of the report to Full Council please click here.