Public Spaces Protection Order (PSPO)
Public Spaces Protection Orders (PSPOs) replaced Gating Orders, Dog Control Orders and Designated Public Place 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 can include:
- Controlling access over public land.
- The consumption of alcohol
- Dogs roaming freely and/or fouling
- Storage of household items or waste
- Storage of wheelie bins
- Aggressive behaviours linked to begging, street peddling or preaching
The above list is not exhaustive and restrictions or positive requirements will depend on the nature of the issue the PSPO is imposed to deal with.
Breaching a PSPO is an offence which can be dealt with through prosecution or by the issue of a Fixed Penalty Notice. The Fixed Penalty Notice value is £100.
Before making a Public Spaces 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.