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Background

Public Space Protection Order consultation

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Copeland Borough Council is consulting on proposed Public Space Protection Orders (PSPO) for Copeland. This will allow the Council to consolidate a range of measures to address anti-social behaviour issues (which can be linked to the use of alcohol) and help improve public spaces in this area.

What is a Public Space Protection Order?

Public Space Protection Orders can be used to regulate activities in particular public places that can have a detrimental effect on the local community.  They can help with giving local councils and local police additional powers to tackle anti-social behaviour in specific locations. Copeland Borough Council is considering various options for introducing a Public Space Protection Order for Copeland to help address the issue of alcohol-related anti-social behaviour and dog control-related anti-social behaviour.

Public Space Protection Orders proposals for dog control-related anti-social behaviour in Copeland

Public Space Protection Orders provide the police and other designated officers additional powers within a designated area to tackle dog controls issues for the following four areas:

1.           Fouling by dogs

2.           Dogs on leads by direction

3.           Dogs on leads whilst on specified land; and

4.           Dogs not permitted on specified land (play areas)

Public Space Protection Orders can be applied to specific geographical locations shown to have issues with significant and persistent dog control anti-social behaviour which is having a detrimental effect on the quality of life of those in the locality.

View maps showing the proposed locations for land where dogs are not permitted at http://www.copeland.gov.uk/sites/default/files/attachments/schedule3_dogs.pdf

View maps showing the proposed locations for land where dogs must be kept on a lead at http://www.copeland.gov.uk/sites/default/files/attachments/dogs_schedule2.pdf

The draft order for the Public Space Protection Order for dog control-related anti-social behaviour can be found at http://www.copeland.gov.uk/sites/default/files/attachments/draft_dogs_notice.pdf

Public Space Protection Orders proposals for alcohol-related anti-social behaviour in Copeland

Public Space Protection Orders provide 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. Designation provides Police officers and Police Community Support Officers (PCSOs) the power to require a person to; (a) not to consume alcohol in that place; and/ or (b) to surrender alcohol in his/ her possession.

The Public Space Protection Order does not represent a ban on public drinking; rather it allows for greater control of drinking where it is of a problematic nature – e.g. large groups of drinkers intimidating residents/passers-by; and gives police additional powers within a designated area to tackle street-drinking where there is associated anti-social behaviour (ASB).

Public Space Protection Orders can be applied to specific geographical locations shown to have issues with significant and persistent street drinking-related Anti-Social Behaviour which is having a detrimental effect on the quality of life of those in the locality.

View maps showing the proposed locations at http://www.copeland.gov.uk/sites/default/files/attachments/alcohol_maps.pdf.

The draft order for the Public Space Protection Order for anti-social behaviour can be found at http://www.copeland.gov.uk/sites/default/files/attachments/draft_alcohol_notice.pdf

FAQs about the proposed Public Space Protection Order for anti-social behaviour in Copeland

What are the concerns and issues with street drinking? 

Street drinking is sometimes associated with anti-social behaviour, causing high levels of noise, rowdy and nuisance behaviour, harassment and intimidation of passers-by, as well as the littering of cans and bottles and urination in public spaces. 

There are further concerns with underage drinking, sexual activity, criminal damage and substance misuse. 

What are Public Spaces Protection Orders (PSPOs)? 

Public spaces protection orders are intended to deal with a particular nuisance or problem in a particular area that is detrimental to the local community’s quality of life, by imposing conditions on the use of that area which apply to everyone. The order could also be used to deal with likely future problems.  

Only a local authority could issue the order, and before doing so, they must consult with the Police, the Police and Crime Commissioner and any representatives of the local community they consider appropriate. The behaviour must also be ongoing or persistent (or there must be a reasonable belief that future behaviour will be ongoing or persistent). 

The local authority needs to be satisfied on reasonable grounds that the activities carried out, or likely to be carried out, in a public space: 

  • have had, or are likely to have, a detrimental effect on the quality of life of those in the locality; 

  • is, or is likely to be, persistent or continuing in nature; or is likely to be, unreasonable; and 

  • justifies the restrictions imposed. 

What are the benefits of this Public Space Protection Orders?

The main benefits of a Public Space Protection Orders are to reduce street drinking that is having a negative impact on communities and the environment –whilst reducing harmful consumption of alcohol and protecting vulnerable people. The Public Space Protection Order would not mean a ban on public drinking, but would enable greater control of it where it is causing problems, such large groups of drinkers intimidating residents or passers-by. A range of measures would be introduced to address the issue, with, for example, police being given additional powers to confiscate alcohol where there is associated anti-social behaviour. However, as well as enforcement, there would be an equal focus on support for those involved in this behaviour.

 Do police already have these powers? 

Police have powers of arrest for criminal offences that can be linked to alcohol. However, it is only an offence to refuse to comply with an officer’s request to stop drinking alcohol or to surrender alcohol when asked, where a Public Space Protection Order is in operation. 

Where there is no Public Space Protection Orders in operation, it is not an offence alone to refuse to surrender alcohol, although any related anti-social behaviour is. The police do have powers to confiscate alcohol from persons under the age of 18 years old.

Would people still be able to drink or hold alcohol bottles outside pubs? 

Yes. The Public Space Protection Order does not make it illegal to drink alcohol in a public place. However, if a person was to drink beyond the legal boundary of licensed premises and they do not stop drinking if asked to do so by a police officer or police community support officer, then they could be at risk of regulation. 

What about street parties and events in parks? 

Events within a public place authorised by a premises license or a Temporary Event Notice (TEN) will be excluded from the Police Public Space Protection Order powers. 

What is your evidence based on?

Original Designated Public Space Order were consulted on and based on evidence primarily provided by Cumbria Police through a list of all reported crime and anti-social behaviour incidents, with an alcohol related identifier.  Cumbria Police and the Police and Crime Commissioner will be consulted on the draft proposals for Copeland.

The local authority will work with partners and received further evidence in the form of police/partner statements, council Antisocial-Social Behaviour information, feedback from Town and Parish Councils, neighbourhood co-ordinators and licensing and youth services. 

What happens after the closing date?

Details of the results will be published on the Council's website.

Tell us what you think 

We’d like to hear your views and you can get involved in the following ways:  

Your response will be confidential and the survey process complies with the principles of the Data Protection Act 1998.

If you have any concerns or questions about the survey, require the questionnaire in another language or format simply require assistance in completing the form please call 01946 598528 and we will be happy to help. 

The consultation will close 5pm on Sunday, September 10 2017.