Public Spaces Protection Orders

Overview

London Borough of Richmond upon Thames would like to consult residents on introducing Public Spaces Protection Orders (PSPO) to help the police and Council tackle anti-social behaviour on public land. A PSPO is a new measure, created by the Anti-Social Behaviour, Crime and Policing Act 2014, that replaces some existing legislation and introduces wider discretionary powers to deal with any particular nuisance or problem that is detrimental to the local community’s quality of life. They seek to ensure that the law-abiding majority can use and enjoy public spaces, safe from anti-social behaviour. The Orders can be enforced by fixed penalty notices or prosecution, by police or Council officers.

The Council has drafted proposed orders based on the issues we hear most about from residents and invites comments and alternative suggestions in this four-week consultation from anyone who lives, works or visits the areas concerned.

Public Spaces Protection Orders replace Gating Orders, Dog Control Orders and Designated Public Place Orders as well as opening up new provisions for anti-social behaviour. The legislation came into force on 20th October 2014. Existing Orders remain in force until October 2017.

The byelaws which currently apply to the borough’s Council-owned parks and green spaces cannot be enforced using fixed penalty notices – offences must be prosecuted through the courts, a procedure which is rarely used. The Council is proposing to create Public Spaces Protection Orders which update and replace the existing Dog Control Orders and Designated Public Place Orders, and which update and convert the key park byelaws into offences which can be enforced using fixed penalty notices of £80, with a lesser amount of £50 accepted if paid within 14 days.

The Council takes an educational approach to enforcement, with behaviour challenged with an explanation and an opportunity for it to be corrected. A penalty notice is given if the individual does not then comply, behaves abusively or if it is a repeat offence. The new orders will mean more effective management of anti-social behaviour than possible under the existing byelaws and extends enforcement powers from just Council officers to police officers and police community support officers.

The responses to this consultation will be taken into account when bringing proposals for Public Spaces Protection Orders forward in the next few months.

Please read the consultation document below and give us your views using the online survey. If you would like a paper copy of the document or the survey, please contact us at consultation@richmond.gov.uk