Public Spaces Protection Orders are intended to deal with a particular nuisance or problem in a specific area that is detrimental to the local community’s quality of life, by imposing conditions on the use of that area which apply to everyone. They are intended to help ensure that the law-abiding majority can use and enjoy public spaces, safe from anti-social behaviour.
The legal tests
The legal tests focus on the impact that anti-social behaviour is having on victims and communities. A Public Spaces Protection Order can be made by the council if they are satisfied on reasonable grounds that the activity or behaviour concerned, carried out, or likely to be carried out, in a public space:
- has had, or is likely to have, a detrimental effect on the quality of life of those in the locality;
- is, or is likely to be, persistent or continuing in nature;
- is, or is likely to be, unreasonable; and
- justifies the restrictions imposed.
Where can it apply
The council can make a Public Spaces Protection Order on any public space within its own area. The definition of public space is wide and includes any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, for example a shopping centre.
In accordance with Section 63 and 67 of the Act, a person found to be in breach of:
- paragraph 6(c)(ii) or 6(c)(iii) of this Order shall be guilty of an offence and liable to a Fixed Penalty Notice of up to £100 or on a summary conviction to a fine not exceeding level 2 on the standard scale;
- any other part of this Order shall be guilty of an offence and liable to a Fixed Penalty Notice of up to £100 or on a summary conviction to a maximum penalty of a level 3 fine on the standard scale.
Should you have concerns or wish to enquire about any live PSPO then please do so by sending an e-mail to communitysafety@Teignbridge.gov.uk