Public Space Protection Orders

Hastings Borough Council has three Public Space Protection Orders in force, more information is below:

Anti-social Behaviour Public Space Protection Order

• Anti-social Behaviour Public Space Protection Order - this bans drinking alcohol in a specific area of Hastings; gives an area of Hastings where alcohol must be surrendered on request of an authorised officer; bans anti-social behaviour in a specific area of Hastings and bans 'aggressive begging' in a specific area of Hastings.

Gating Public Space Protection Order

• Gating Public Space Protection Order - this gives details of passageways in Hastings that have been gated. These are: Valentines Passage in St Leonards; the footpath between Laser Lane and Kings Road, St Leonards; 18 Havelock Road cut-through to Priory Square, Hastings and Hoads Wood Road to Pilot Field,Trinity Passage between Robertson Street & Claremont.

Dog Control Public Space Protection Order

• Dog Control Public Space Protection Order. This details areas of the borough where dogs are excluded, where they must be on leads and where they are allowed to be off lead.

The council has recently consulted on proposed changes to the dog control on the beaches at Rock-a-Nore and the Stade. The consultation is now closed and a report will be going to Cabinet.

The Dog Control Public Space Protection Order remains in place while the review is carried out.

There are two dog exclusion areas on the beach over the summer. Dogs will not be allowed on these areas of the beach between 1 April to 30 September.

These areas are:

• from the east of Rock-a-Nore to the east side of Hastings Pier and
• from the west end of Bottle Alley to opposite the Royal Victoria Hotel.

Dogs are allowed on the beach either on or off-lead at any time on the beach from the west of Hastings Pier to the west end of Bottle Alley and from opposite the Royal Victoria Hotel until the border with Rother where their restrictions take over. For the winter period (1 October to 31 March), dogs are allowed on all parts of the beach either on or off-lead.

We are working on fully interactive and accessible maps of the zones. While these are being created, you can view signage for the seafront.

If you would like a PDF version of all of the maps, please communications@hastings.gov.uk. Signage will be updated in the parks and open spaces and along the seafront detailing the new restrictions.

The Anti-Social Behaviour, Crime and Policing Act 2014
The Public Spaces Protection Order (No 4)- Hastings Borough Council 2023

Hastings Borough Council (in this order called "the Authority") hereby makes the following Order:
This Order comes into force on 7th November 2023 for a period of 3 years. Offences:
1. Fouling 
If within the administrative area of the Authority (as shown edged black on Plan 1) a dog defecates at any time on land to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express  or implied  permission  and a person who is in charge  of the dog at the time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless;
a) he/she has reasonable excuse for failing to do so; or
b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his/her failing to do so.

2. Dogs on Leads by Direction
A person in charge of a dog shall be guilty of an offence if, at any time, within the administrative area of the Authority (as shown edged black on Plan 1) he/she does not comply with a direction given to him/her by an Authorised Person to put and keep the dog on a fixed lead unless

a) he/she has reasonable excuse for failing to do so; or
b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his/her failing to do so
c) an Authorised Person may only give a direction under this order to put and keep a dog on a fixed lead if such a restraint is reasonably necessary to prevent a nuisance or behaviour by the dog likely to cause annoyance or disturbance to any person (on any land to which this order applies) or the worrying or disturbance of any animal or bird

 
3. Dogs on Leads
A person in charge of a dog shall be guilty· of an offence if, during the times specified in Schedule 2 on any land to which this Order applies (detailed in Schedule 1) he/she does not keep the dog on a lead, unless:

(i) he/she has reasonable excuse for failing to do so; or
(ii) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his/her failing to do so.

Schedule 1

a) Any road (as defined by section 142 of the Road Traffic Regulation Act 1984) within the Borough of Hastings (as shown edged black on Plan 1) on which there is a right of passage for motor vehicles (which includes any area of pavement, footway and verge set aside for pedestrians within or adjacent to such a road), with 'motor vehicle' being as defined in section 185(1) of the Road Traffic Act 1988 and section 136(1) of the Road Traffic Regulation Act 1984 as "a mechanically propelled vehicle, intended or adapted for use on roads".
b) The Promenade being the areas i) between the south side of the carriageway of the A259 and the beach from, in the East, an imaginary line running northwards from the Harbour Arm to the Eastern end of East Beach Street to, in the west, where the promenade meets Cinque Ports Way, all such area to include the footway on the south side of the A259, the upper and lower promenades incorporating Bottle Alley, Marina Car Park and Pelham Place Car Park (as shown hatched black on Plan 2) and ii) between the south side of the carriageway of Sea Road and the beach (as shown hatched black on Plan 2)
c) Alexandra Park between Dordrecht Way and Bethune Way (as shown hatched black on Plan 3)
d) St Leonards Gardens (as shown hatched black on Plan 4)
e) Warrior Square Gardens (as shown hatched black on Plan 5)
f) Stade Open Space (as shown hatched black on Plan 6)
g) Grosvenor Gardens as shown hatched black on Plan 7)
h) West Marina Gardens (as shown hatched black on Plan 8)
i) Gensing Gardens (as shown hatched black on Plan 9)
j) Linton Gardens (as shown hatched black on Plan 10)
k) West Hill Green Space (as shown hatched black on Plan 11)
l) The grassed area east of Marine Court (as shown hatched black on Plan 12)
m)  The grassed area around Bembrook Road Natural Play Space (as shown hatched black on Plan 21)
n) The grassed area around Wishing Tree Road North Natural Play Space (as shown hatched black on Plan 22)
o) The area around White Rock Gardens Play Space (as shown hatched black on Plan 23)

Schedule 2

a) At all times for land as specified in Schedule 1 (a) (b) (f) and (I)
b) Between the hours of 09.00 and 17.00 (throughout the year) for land as
specified in Schedule 1 (c) (g) (i) (j) (k) (m) (n) (o)
c) Between the hours of 09.00 and 17.00 (from 1st April to 31st October) for land as specified in Schedule 1 (d) (e) and (h)
d) Between the hours of 10.00 and 16.00 (from 1st November to 31st March Saturdays and Sundays only) for land as specified in Schedule 1 (d) (e) and (h)

4. Exclusion

A person in charge of a dog shall be guilty of an offence if, during the times specified in Schedule 2 below, he/she takes the dog onto, or permits the dog to enter or to remain on, any land detailed in Schedule 1 below unless.

a) he/she has reasonable excuse for failing to do so; or
b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his/her failing to do so.

Schedule 1
)
a) The grounds of Hastings Castle (as shown hatched black on Plan 13) Hastings Cemetery (as shown hatched black on Plan 14) Duke Green, the fenced area (as shown hatched black on Plan 15) Torfield School Multi­ Use Games Area and access (as shown hatched black on Plan 16) the Peace Garden within Alexandra Park (as shown hatched black on Plan 17) Hughenden Road Pocket Park (as shown hatched black on Plan 18)
b) The area of foreshore and beach between groyne 1 at Rock a Nore Beach to eastern side of the Pier (as shown hatched black on Plan 19) and that part of St Leonards beach between groyne 32 east-side of Warrior Square to groyne 42, eastern end of the ramp from the upper to the lower promenade outside the Royal Victoria Hotel (as shown hatched black on Plan 19)
c) All children's play areas, multi-use games areas, skate parks, tennis courts, bowls greens within the Borough of Hastings and all water bodies within Alexandra Park (as shown hatched black coloured blue on Plan 20) and St Leonards Gardens (as shown hatched black coloured blue on Plan 4)
Schedule 2

a) At all times to land as specified in Schedule 1(a) and (c)
 
b) At all times between 1 April and 30th September to land as specified in Schedule 1 (b)

5. Dogs (Specified Maximum)

This order applies to any land within the administrative area of the Authority (as shown edged black on Plan 1) which is open to the air to which the public have access; the maximum number of dogs that can be taken onto land by one person is six.

6. Authorised Person

For the purposes of the above prohibitions an 'Authorised Person' means a constable, a police community support officer or a person so authorised by Hastings Borough Council.

7. Exemptions

Nothing in this order shall apply to a person who - ,
a) Is registered as a blind person in a register compiled under Section 29 of the National Assistance Act 1948; or
b) Is deaf, in respect of a dog trained by Hearing Dogs for Deaf People
(registered charity number 293358) and upon which he/she relies for
assistance; or
c) Has a disability which affects his/her mobility, manual dexterity, physical co-ordination, or ability to lift, carry or otherwise, move everyday objects, in respect of a dog trained by a prescribed charity and upon which he/she relies for assistance; or
d) Has an accredited assistance dog; or
e) Is training an assistance dog in an official capacity; or a dog used by the police or other agencies permitted by the Council for official purposes.

For the purposes of this order -

(i)     A person who habitually has a dog in his/her possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog;
(ii)      Placing the faeces in a receptacle on the land, which is provided for the purpose, or for the disposal of waste, shall be sufficient removal from the land.
(iii) Being unaware of the defecation (whether by reason of not being in the vicinity or otherwise) or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces.
(iv) Each of the following is a "prescribed charity" -
- Dogs for the Disabled (registered charity number 700454)
- Support Dogs Limited (registered charity number 1088281)
 
- Canine Partners for Independence (registered charity number 803680).

For the purposes of the prohibition in paragraph 4 as listed in schedule 1 (b) nothing shall apply to persons with dogs connected to the Fishers Industry whilst on the area known as the Blue Stade. To be exempt as such, persons need to be registered as fishers in relation to the Deed of Compromise.

8. Penalty

If any of the conditions are breached a Fixed Penalty Notice may be issued and failure to pay may lead to prosecution.

a) An Authorised person may issue a Fixed Penalty Notice (FPN) of up to £100 to anyone he or she has reason to believe has committed an offence as described above.

b) An FPN is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the local authority specified in the FPN.

c) Where a person is issued with an FPN under this Paragraph in respect of an offence:

i) No proceedings may be taken for the offence before the end of the period of 14 days following the date of the FPN, and

ii)  The person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

d) In relation to the offences listed above in paragraphs 1, 2, 4 and 5 the recipient of the FPN will be offered the opportunity to discharge any liability to conviction by paying £100 before the end of the period of 14 days following the date of the FPN.

e) In relation to the offences listed above in paragraph 3 the recipient of the FPN will be offered the opportunity to discharge any liability to conviction by paying £50 before the end of the period of 10 days following the date of the FPN. After 10 days and up to 14 days the recipient of the FPN will be offered the opportunity to discharge any liability to the offence in paragraph 3 by paying £100 before the end of the period of 14 days following the date of the FPN.

f) An FPN will give reasonably detailed particulars of the circumstances alleged to constitute the offence, it will state the period during which proceedings will not be taken for the offence; it will specify the amount of fixed penalty; it will specify the amount payable; it will state the name and address where payment should be made and specify the permissible methods of payment.

g) The person who is guilty of an offence under this order shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

THE COMMON SEAL of HASTINGS BOROUGH COUNCIL
was hereunto affixed on 7th November 2023

Mary Kilner - Authorised signatory

If you have any questions or would like to discuss these, please contact communitysafety@hastings.gov.uk.