Anti-Social Behaviour, Crime and Policing Act 2014
Retford Town Centre Public Spaces Protection Order 2022
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 black being land in the area of the Council is land to which the Act applies and is protected by this Order
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 nuisance, annoyance, harassment, alarm and distress to those in the locality. The consumption by those acting in a manner which is causing the nuisance, annoyance, harassment, alarm and distress of alcohol and illegal substances 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 Retford Town Centre Public Spaces Protection Order 2022 and takes effect from 17 June 2022 for until 17 June 2025
The following prohibitions are imposed on use of the Designated Area:
1(a) - Shouting, Swearing and Behaviour Causing Nuisance, Annoyance, Harassment Alarm or Distress
1(a) No person shall shout, swear or act in a manner as to cause nuisance, annoyance, harassment, alarm or distress to any person within the Designated Area.
1(b) - Groups Gathering
1(b)(i) No Person shall persistently cause nuisance, annoyance, harassment, alarm or distress to others, through their presence in a group.
1(b)(ii)) No persons shall congregate in a group, and continue to do so, after being asked to disburse by an Authorised Person.
1(c) - Illegal Substances
1(c)(i) No person(s) shall be present in the Designated Area displaying behaviours which an Authorised Person believes are attributed to being under the influence of an illegal substance.
1(d) – Interference with Refuge Points and CCTV Equipment
1(d)(i) No person shall deliberately or recklessly use or interfere with, inappropriately or unnecessarily, equipment in the Designated Area which is for the safety of the public. This includes CCTV equipment and refuge safety points.
1(e) - Prohibition or Alcohol Consumption
1(e)(i) No person shall consume alcohol in the Designated Area unless subject to an exemption as detailed below.
1(e)(ii) No person shall be in possession of an open container of alcohol in the Designated Area.
1(f) - Failure to Surrender Alcohol
1(f)(i) Any person who fails to surrender alcohol (sealed or unsealed), in their possession, when asked to do so by a constable or an Authorised Person within the Designated Area commits an offence.
2 – Requirements
The following requirement is imposed within the Designated Area:
2(i) A person who is believed to have engaged in a breach of the Order within the Designated Area is required to give their name and address to an Authorised Officer, when requested to do so.
Offence
Any person who, without reasonable excuse, fails to comply with the prohibitions listed at paragraph 1(a), 1(b), 1(c),1(d), 1(e), 1(f) and/or 2 (and any sub paragraphs) of this Order commits an offence.
Penalty
A person who is guilty of an offence for contravention of the prohibitions listed at paragraph 1(a), 1(b), 1(c), 1(d), 1(e) and/or 2 of this Order shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale or to a fixed penalty notice not exceeding £100.
A person who is guilty of an offence for contravention of the prohibitions listed at paragraphs 1(f) 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 Relating to Groups Gathering
The direction to disperse from a group shall only be given when the presence of a group, within the Designated Area is causing or has caused annoyance, nuisance, harassment, alarm or distress to others.
Miscellaneous Provisions Relating to Prohibition of Alcohol Consumption
An Authorised Person may dispose of any alcohol surrendered in compliance with paragraph 1(f) of this Order
Pursuant to Section 62 of the Act paragraphs 1(e) 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 115E 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
Defined Terms
- “Alcohol” – has the meaning given by section 191 Licensing Act 2003
- “Authorised Officer” – means a Constable, a Police Community Support Officer or a person authorised in writing by Bassetlaw District Council
- “Designated Area” – The land described by the map in Schedule 1, edged in black, being land in the area of the Council is land to which the Act applies and is protected by this Order
The Common Seal of Bassetlaw District Council
Was hereunto affixed this 08 day of June, Two thousand and Twenty-Two.
In the presence of Stella Bacon, Principal Solicitor.
Map of the designated area - Schedule 1
If you wish to view a copy of the order with the Common Seal of Bassetlaw District Council, please contact customer.services@bassetlaw.gov.uk or telephone 01909 533 533.
Last Updated on Thursday, April 11, 2024