Consultation on a Public Spaces Protection Order (PSPO) for alcohol consumption restrictions in a public space. This consultation closed on 11 October 2017 and the order has been passed.
This consultation is closed. It ran from 31 August to 11 October 2017.
Following review of the consultation results an order for PSOP for alcohol consumption was passed with effect from 1 May 2018 for three years.
Provision for a Public Space Protection Order (PSPO) was created by the 2014 Anti-Social Behaviour, Crime and Policing Act to deal with any nuisances or problems in a particular area that affects the local community's quality of life. PSPOs impose conditions or restrictions on people using that area.
Councils are responsible for making PSPOs and can do so on any public space. Before making a PSPO, the council must be satisfied on 'reasonable grounds' that the behaviour to be restricted:
- Is having or is likely to have a detrimental effect on the quality of life or 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
A PSPO can be used to restrict the consumption of alcohol in a public space where the above conditions have been met.
The PSPO for alcohol consumption will replace the existing Herefordshire (Alcohol Consumption in Designated Public Places) orders. In summary the proposed PSPO for alcohol consumption would:
- Require a person(s) not to consume alcohol in a designated area
- Require a person(s) to surrender alcohol in his/her possession
The PSPO for alcohol consumption gives the police and other designated officers additional powers within a designated area to tackle street drinking where it is having a detrimental effect to those in the locality. The PSPO is designed to be broader than the existing order. However, the PSPO does not represent a ban on public alcohol consumption; it allows for greater control of alcohol consumption where it is of a problematic nature.
The criminal offence of failing to comply with an officer's request within the restricted area of the PSPO to stop drinking and/or surrender alcohol can be dealt with by issuing a fixed penalty notice or a summons to court.
The penalties for this offence are as follows:
- Liable on summary conviction to a fine not exceeding £1,000, level 3 on the standard scale or a Fixed Penalty Notice (FPN) of £100 can be issued, reduced to £50 if paid within 10 working days. Failure to pay may lead to prosecution.
Published: Thursday, 31st August 2017