FAQs

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 is 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.

The maximum duration of a PSPO is 3 years. 

The council can at any time prior to the expiry of the Order extend it for a further 3 years, if they consider it is necessary to prevent the original behaviour from occurring or recurring. The council must undertake further consultation with the local police and any other community representatives before any extension can take place. 

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:

• 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.  

A range of information has been assessed and those areas which are deemed to meet the legal threshold are being consulted on to be included in the PSPO.

Those areas not included were not deemed to meet the threshold. 

Upton Heath actually falls under the Dorset Council area.   BCP council is not able to include areas in the PSPO which fall under the jurisdiction of other local authority areas.   

Yes. 

Signage will be located across those areas covered by the PSPO and extra signage will be erected in areas that suffer from the highest impact. 

Authorised officers will receive additional training to enable them to enforce the PSPOs and issue Fixed Penalty Notices (FPNs).

During the summer months when the proposed PSPOs would be in force additional staff will be deployed to patrol and monitor the main high-risk areas.

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. 

If somebody breaches an Order there are two options for enforcement action to be taken:

1. Fixed Penalty Notice

A fixed penalty notice may be issued by an authorised officer to anyone they believe has committed an offence under section 67 of the Anti-social Behaviour, Crime and Policing Act. You will have 14 days to pay the fixed penalty of £100, if it is paid in 7 days it is £75. If you pay the fixed penalty within the 14 days you will not be prosecuted. 

2. Prosecution

It is a criminal offence for a person without reasonable excuse – 

(a) to do anything that the person is prohibited from doing by a public spaces protection order, or  

(b) to fail to comply with a requirement to which the person is subject under a public spaces protection order.  

A person guilty of an offence could be liable on conviction in the Magistrates Court to a fine not exceeding level 3 on the standard scale.

The council, in partnership with the Police and other partners, continues to proactively patrol our public spaces and will take appropriate action  to address anti-social behaviour in public places and Licensed Premises.

A balanced approach is taken to identify those who are in need of support or may be vulnerable to make sure they are signposted to relevant support services.

However, we are committed to tackling bad behaviour and making our communities safe, those who come to notice for behaving in a way which has a detrimental effect on others will be dealt with appropriately.

Anti-Social Behaviour has a negative impact on communities and can have an adverse effect on others. The council has a range of early intervention measures which are taken to prevent any escalation in behaviour.  However, if the detrimental behaviour continues other enforcement tools and powers will be considered. These can range from: Community Protection Warnings, Community Protection Notices, Injunctions or Premises Closure Orders. 

A PSPO should not be used to enforce issues which are covered by other legislation, for example the possession or supply of drugs is a criminal offence, which the Police have powers to deal with.

Those fishermen who wish to fish on the beach and shelter in tents overnight will be able to do so. We can include exemptions within PSPOs which will allow fisherman to continue to enjoy a spot of night fishing.

Anyone wanting to cook food on the seafront before 1800 will continue to be able to use the BBQs provided by BCP Council as this covered by an exemption to the proposed PSPOs.

The quickest and easiest way to complete the consultation is on-line however, we understand not everybody may be able to.  

If you are not able to fill the consultation out online, you can view a copy of the consultation document and complete a paper copy of the consultation by visiting your local library, the Tourist Information Centre at Pier Approach in Bournemouth.  or open space visitor centres at Hengistbury Head, Kingfisher Barn (Granby Road), Stanpit Marsh and Steamer Point.

Unlike the other behaviours there is primary legislation which allows authorised officers to issue Fixed Penalty Notices (FPN) for littering anywhere across the BCP area.  The power to issue a Fixed Penalty Notice for littering can be delegated to any front line staff who will be responsible for enforcing the PSPO. Littering FPN’s could then be issued anywhere that front line staff witness littering. The council is tendering for an enforcement contractor to provide greater coverage and response to littering.