Home Page

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.

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.

The Council has two Public Spaces Protection Orders

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.

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.

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.

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.

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.

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.

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.

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.

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.

 

Copy of the Published Notice Copy of the Published Notice

Copy Of PSPO Order Copy of the Order

Copy of the report to Full Council Copy of the report to Full Council

 

On 26 April 2018 Full Council authorised a new Public Space Protection Order (PSPO). The Order came into force on 4 May 2018 and shall have effect for a period of 3 years, unless extended by further orders under Ashfield District Council’s statutory powers. 

The Order relates to the area surrounding Junction 27 of the M1 Motorway and A611 with specific roads/carriageways subject to restriction.

The Order prohibits car cruise events where motor vehicles congregate and any of the following activities occur:

  1. Motor vehicles are driven at excessive speed or accelerated aggressively;
  2. Motor vehicles are raced against one another;
  3. Stunts are performed in motor vehicles;
  4. Music is played on equipment installed in a motor vehicle which is audible outside the vehicle; or
  5. Motor vehicles are driven in convoy, whether side by side or in single file
  6. Sounding horns (so as to cause public nuisance)
  7. Congregating to spectate the above activities.

So as to cause any of the following:

  1. Excessive noise;
  2. Danger to other road users;
  3. A risk of injury to any person; or
  4. A risk of damage to property.
  5. Causing obstruction on a public highway, or publically accessible place, or private land, whether moving or stationary.

Prohibition includes participating in a car cruise event either as a driver, or passenger of a vehicle within the area designated in the Public Spaces Protection Order.

A person who is guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Copy Of Car Cruising Published NoticeCopy Of The Published Notice

Copy Of Car Cruising PSPO OrderCopy of the Order

Copy Of Car Report To Full CouncilCopy of the report to Full Council

Previous Page Button