Public Spaces Protection Orders (PSPO) were brought in under the Anti-social Behaviour, Crime and Policing Act 2014.
PSPOs are intended to deal with any particular nuisance issues within a defined area that are detrimental to the local community's quality of life. This is achieved by imposing conditions on the use of a defined area which applies to everyone.
Gateford public space protection order 2021
Bassetlaw District Council ("the Council") has made the following Public Spaces Protection Order pursuant to Section 59 of Anti-Social Behaviour Crime and Policing Act 2014 ("the Act") after undertaking a consultation as required by Section 72 of the Act.
The land described by the map in Schedule 1, edged in blue, being land in the area of the Council is land to which the Act applies and is protected by this Order (hereinafter called the "Designated Area").
The Council is satisfied that activities have been carried out in the Designated Area that have had a detrimental effect on the quality of life of those in the locality. The Council is further satisfied that the effect of these activities is likely to be of a persistent and continuing nature, and is of such as to make the activities unreasonable and the effect of the activities justifies the restrictions imposed.
The Council makes this Order as people have been gathering in the Designated Area and acting in a manner causing annoyance, harassment, alarm and distress to those in the locality. The consumption of alcohol by those acting in a manner which is causing the annoyance, harassment, alarm and distress is a prevailing factor. The activities have caused those living and visiting the Designated Area to make complaints both to the Council and the Police.
The Council and the Police have also collated evidence from local residents and those who work in businesses situated in the Designated Area who state:
- public space is being misused
- there is a disregard for community/personal well being
- acts directed at people
The Order may be cited as the Gateford Public Spaces Protection Order 2021 and takes effect from 18 June 2021 for until 18 June 2024.
The following prohibitions are imposed on use of the Designated Areas:-
Shouting, swearing and behaviour causing annoyance, harassment alarm or distress
No person shall shout, swear or act in a manner as to cause annoyance, harassment, alarm or distress to any person within the Designated Area or on land adjacent to the Designated Area or to any person living nearby.
Groups gathering
Persons aged 16 years or under, who are not under the effective control of a parent or a responsible person aged 18 or over, are prohibited from gathering in the Designated Area in groups of 3 or more. This prohibition will only apply if any of the group is causing annoyance, harassment, alarm or distress.
Offence
Any person who, without reasonable excuse, fails to comply with the prohibitions listed at paragraph 1 and/or 2 of this Order commits an offence.
Penalty
A person who is guilty of an offence for contravention of the prohibitions listed at paragraph 1 and/or 2 of this Order shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Prohibition of alcohol consumption
Any person who, without reasonable excuse, continues consuming alcohol in the Designated Area when asked to cease doing so by a Constable or an Authorised Person within the Designated Area commits an offence.
Any person who, without reasonable excuse, fails to surrender any alcohol in his possession when asked to do so be a constable or an authorised person within the Designated Area commits an offence.
Offence
Any person who, without reasonable excuse, fails to comply with the prohibitions listed at paragraphs 5 and/or 6 of this Order commits an offence.
Penalty
A person who is guilty of an offence for contravention of the prohibitions listed at paragraphs 5 and/or 6 of this Order shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale or to a fixed penalty notice not exceeding £100.
Miscellaneous provisions
A Police Officer, Community Support Officer and any other authorised person may dispose of any alcohol surrendered in compliance with paragraph 6 of this Order.
Pursuant to Section 62 of the Act paragraphs 5 and 6 of this Order does not apply to:
- Premises authorised by a premises licence (and its curtilage) to be used for the supply of alcohol
- Premises authorised by a club premises certificate (and their curtilage) to be used by the club for the supply of alcohol
- Premises subject to a Temporary Event Notice which in compliance with the Temporary Event Notice may be used for the supply of alcohol and could have been used 30 minutes before that time
- A place where facilities or activities relating to the sale or consumption of alcohol are at the relevant time permitted by virtue of Section 11SE Highways Act 1980 (highway related use)
- The Council operated licenced premises when the premises are being used for the supply of alcohol and 30 minutes after the end of the period during which the Council operated licenced premises have been used for the supply of alcohol
The common seal of Bassetlaw District Council was hereunto affixed this 18 day of June 2022. (To see a copy of the seal and signed by the council solicitor, please email customer.services@bassetlaw.gov.uk with your request).
Designated area
Last Updated on Friday, October 28, 2022