Frequently Asked Questions (FAQs)
- (a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
- (b)conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or
(c) conduct capable of causing housing-related nuisance or annoyance to any person.
has had, or is 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;
is, or is likely to be, unreasonable; and
justifies the restrictions imposed.
The language/jargon used in the proposed PSPO is hard to understand. Is there a reason for this?
The PSPO is driven by Government legislation which we must adhere too as a local authority. The text, tone, layout and information included in the consultation document is a legal requirement to ensure it’s consistent with others that are conducted across the country.
If you have any further questions about why we are consulting or anything related to the survey itself, please contact the ASB Team at asbteam@bcpcouncil.gov.uk.
What does PSPO mean?
PSPO is an abbreviation for Public Space Protection Order.
A PSPO is a tool available to Councils under the Anti-Social Behaviour, Crime and Policing Act 2014 and are intended to be used to deal with a particular nuisance or problem in a specific area that is having a detrimental effect to the local community’s quality of life, by imposing conditions on the use of that area which apply to everyone. They are intended to help ensure that the law- abiding majority can use and enjoy public spaces, safe from anti-social behaviour.
What is anti-social behaviour?
The Anti-Social Behaviour, Crime and Policing Act 2014 describes anti-social behaviour as:
Why is the PSPO being reviewed?
The Alcohol PSPO is due to expire on the 30th June 2024 and prior to the PSPO’s end date, the Council must undertake a consultation to determine if the PSPO should be extended, varied or revoked. All PSPOs are reviewed every 3 years.
The Council is obliged by law to consult with the local Chief Officer of Police, the Police and Crime Commissioner, owners or occupiers of land within the affected area where reasonably practicable, appropriate community representatives and the general public.
Why does it not cover the whole of the BCP Council area?
The legislation states that proposals to introduce a PSPO need to meet the legal tests:
The legal tests focus on the impact that anti-social behaviour is having on victims and communities. A Public Spaces Protection Order can be made by the council if they are satisfied on reasonable grounds that the activity or behaviour concerned, carried out, or likely to be carried out, in a public space:
A range of information was assessed when making the original order in 2021 and further information and evidence has been assessed to review the PSPO. It is recommended that based on the evidence no changes are made to those areas in the original Order, which are deemed to meet the legal threshold and should continue to be included in the PSPO.
Those areas not included are not deemed to meet the threshold.
Would it be illegal to drink on the streets?
No.
A PSPO does not make it illegal to carry alcohol or to drink alcohol responsibly in a public place. PSPOs will only be used to tackle alcohol-related anti-social behaviour or disorder. Under these circumstances Police Officers, Police Community Support Officers (PCSO) Community Safety Accredited Officers (CSAS) or other authorised persons, will have the power to stop people who are drinking alcohol and acting, or likely to act, in an anti-social manner and seize or confiscate alcohol within the area covered by the PSPO and can require the person to leave the area for up to 48 hours. If a person fails to comply with an officer’s request to stop drinking and/or dispose of alcohol, you could face prosecution or a Fixed Penalty Notice.
Can I be stopped or arrested for carrying alcohol on the streets?
No.
A PSPO does not make it illegal to carry alcohol or to drink alcohol responsibly in a public place. PSPOs will only be used to tackle alcohol-related anti-social behaviour or disorder. Under these circumstances Police Officers, Police Community Support Officers (PCSO) Community Safety Accredited Officers (CSAS) or other authorised persons, will have the power to stop people who are drinking alcohol and acting, or likely to act, in an anti-social manner and seize or confiscate alcohol within the area covered by the PSPO and can require the person to leave the area for up to 48 hours. If a person fails to comply with an officer’s request to stop drinking and/or dispose of alcohol, you could face prosecution or a Fixed Penalty Notice.
Will there be signs alerting people to the areas covered by the PSPO?
Yes.
Signage was erected when the original Order was introduced in 2021 and is located across those areas covered by the PSPO. Extra signage was erected in areas that suffer from the highest impact of alcohol related anti-social behaviour.
Would people still be able to drink or hold alcohol bottles outside pubs?
Yes.
The PSPO does not make it illegal to drink alcohol in a public place. However, a person could risk being requested to refrain from consuming alcohol if they are or are likely to cause anti-social behaviour and stray beyond the legal boundary of a licensed premise and they do not stop drinking if asked to do so by a Police Officer, PCSO, CSAS Officer or other authorised person.
Would this also include alleyways, streets, parks, car parks and shopping areas?
Yes.
A ‘public place’ is any place in which the public have access. Relevant public spaces could include streets, parks and open spaces.
What about street parties and events in parks?
Events within a public place which have an authorised Premises License or a Temporary Event Notice (TEN) will be excluded from the PSPO powers during the time for which the license is approved.
Will there be any extra policing to enforce a PSPO?
No.
Police Safer Neighbourhood Teams dedicated to each ward in the BCP area will continue to patrol and respond to incidents as part of their community response.
Are any other measures in place to tackle this problem?
The Council, in partnership with the Police and other partners, continues to take measures to address anti-social behaviour in public places.
When is the consultation period?
The consultation will run from 12 January 2024 and close at midnight on 12 February 2024.
What happens next?
At the end of the consultation period the Council will examine all of the survey responses and feedback. Subsequently, a report containing this analysis, will be presented to Cabinet who will make a decision whether to approve the extension of the Alcohol PSPO for a further 3 years, or if it should be revoked.
If you have any questions or require a large print copy of the documents, or in an alternative language, please email asbteam@bcpcouncil.gov.uk giving your name, address and telephone number.