Public Spaces Protection Orders (PSPOs)
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Public Spaces Protection Orders (PSPOs) came into force on the 20 October 2014 under section 59 to 65 of the Anti-Social Behaviour, Crime and Policing Act 2014.
PSPO's replaced gating orders, dog control order and designated public places orders and can be used to control behaviours which are having, or are likely to have a detrimental effect on the quality of life of those in the locality. Behaviours which can be controlled through restrictions or positive requirements within a PSPO's can include;
- controlling access over public land
- the consumption of alcohol
- dogs roaming freely and/or fouling
- public urination/defecation
- busking/street entertainment
- storage of household items or waste /wheelie bins
- anti-Social use/parking of vehicles
- aggressive behaviours linked to begging, street peddling or preaching
The above list is not exhaustive and restrictions or positive requirements will be dependent upon the nature of the issues the PSPO is imposed to deal with.
Breaching of a PSPO is an offence which can be dealt with through prosecution or by the issues of a fixed penalty notice. The fixed penalty notice value for Cheshire East is £100.
Before making a PSPO , the Council must be satisfied on reasonable grounds that two conditions are met.
The first condition is that:
- activities carried out in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality
- 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
- justifies the restrictions imposed by the order
Existing gating orders, dog control orders, and designated public place orders will remain in force until the 19 October 2017 or until they are discharged by the Council, whichever is the earliest. Orders still in force on the 19 October will become public space protection orders.
If you require any further information in relation to public space protection orders, please use the contact details below:
Anti-Social Behaviour Team
Divisional Police HQ
phone: 0300 123 5030