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.
Before making a Public Space Protection Order, the Council must be satisfied on reasonable grounds that two conditions are met.
The first condition is that
- activities carried on in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality, or
- it is likely that activities will be carried on in a public place within that area and that they will have such an effect
The second condition is that the effect, or the likely effect, of the activities
- is, or is likely to be, of a persistent or continuing nature,
- is, or is likely to be, such as to make the activities unreasonable, and
- justifies the restrictions imposed by the order
A breach can result in the issuing of a Fixed Penalty Notice which is £100, payable within 14 days. However a discounted charge of £60 is applied if the FPN is paid in full within ten days.
Payment of the FPN discharges liability to conviction for the offence.
Breach of a PSPO is a criminal offence subject to up to a level 3 fine on prosecution (up to £1,000).
Payment details are attached to the bottom of the issued Fixed Penalty Notice.