Wandsworth Public Spaces Protection Order Consultation 2025

1. Anti-social behaviour caused by drinking alcohol in a public space 

Alcohol related ASB can quickly escalate and have a significant and lasting impact upon communities. Whilst most residents, visitors or people living and working in the borough drink socially and behave responsibly, their right to enjoyment of our public spaces can be threatened by those who behave in an anti-social manner. 

The proposed PSPO would not prohibit responsible drinking in public spaces, only problematic ASB drinking causing a nuisance to others.  

If a person consumes alcohol in a public space and causes, or is likely to cause nuisance or annoyance to any other person, s/he will breach the PSPO.  Whilst this, in itself, will not be an offence, s/he can be required by an authorised person to stop drinking and surrender the alcohol or the container for alcohol.  It will be a criminal offence to fail to comply with such a requirement.  

2. Use of Novel Psychoactive Substances in a public space 

Novel Psychoactive Substances (NPS) have become commonly known as ‘legal highs’, and they contain one or more chemical substances which produce similar effects to illegal drugs, for example Nitrous Oxide, better known as ‘laughing gas’. 

Prior to November 2023, nitrous oxide was subject to the Psychoactive Substances Act 2016. It is already illegal to produce, supply, import or export nitrous oxide where a person knows, or is reckless as to whether, it will be consumed for its psychoactive effects. However, it had not been an offence to possess nitrous oxide (except in a custodial setting)1. 

On 8th November 2023 the Misuse of Drugs Act 1971 was amended to classify nitrous oxide as a Class C drug2.  

It is a criminal offence to be found in possession of the drug where its intended use is to be wrongfully inhaled, ‘to get high’. Where a person is found in possession of nitrous oxide and intends to wrongfully inhale the substance and/or in the cases of importation, exportation, production and supply, knows or is reckless as to whether it is likely that another person will wrongfully inhale it, they will be committing an offence. 

In November 2023, the Psychoactive Substances Act became law, however the Act does not make it an offence to be just in possession of or to misuse NPS, unless a PSPO is in place to prohibit such activity. 

The misuse of NPS in the UK is growing and more people are purchasing these drugs online than ever before, with associated negative effects on the physical and mental health of users.  

The proposed PSPO will prohibit the consumption and/or possession of NPS in a public space.  It will be a criminal offence to consume or be in possession of NPS.  An authorised person may require a person to stop consuming NPS or to surrender it.  It will be a criminal offence to fail to comply with such a requirement.  

The proposed PSPO for dog control consists of the following aspects:

• Fouling of land by dogs – an offence is committed when the person in charge of a dog fails to remove faeces deposited by the dog
• Areas where dogs are required to be on leads – an offence is committed when the person in charge of a dog fails to keep the dog on a lead (for example car parks and café outdoor seating areas)
• The requirement for a dog to be put on a lead at the direction of an authorised officer – an offence is committed when the person in charge of a dog fails to put and keep the dog on a lead when instructed to do so by an authorised officer
• The exclusion of dogs from specified areas – an offence is committed when the person in charge of a dog takes it onto or permits it to enter or remain in an area where dogs are excluded (for example formal / fenced playgrounds and lakes and ponds)
• The maximum number of dogs that an individual may take onto specified areas – an offence is committed when the person takes more dogs into an area than is permitted

This PSPO relates to parks, open spaces and commons, as well as other areas. In relation to parks, open spaces and commons, we recognise that each space is different. This means a combination of the above aspects is currently used, depending on the size and nature of each space. The PSPO also applies to leisure centre outdoor spaces and the Town Hall car park and gardens.

You can see maps showing specific areas covered by different aspects here.

Under Section 67 of the 2014 Act, it is a criminal offence for a person, without reasonable excuse, to do anything that the person is prohibited from doing by a PSPO; or fail to comply with a requirement to which the person is subject under a PSPO.  A person convicted of such an offence faces a maximum fine of up to £1,000. 

Alternatively, breaches of PSPOs are commonly dealt with through the issuing of Fixed Penalty Notice (FPN).  Where a FPN is issued, provided the fixed penalty is paid within 14 days, a person is no longer liable to prosecution.  The fixed penalty under the existing PSPO is, set at £100, reduced to £75 if paid within 10 days.