Hastings Proposed Public Spaces Protection Orders
**This consultation is now closed and here for reference purposes only.**
What are Public Space Protection Orders (PSPOs) and what are they for?
According to the Home Office guidance: "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 qualify of life, by imposing conditions on the use of that area which apply to everyone. They are designed to ensure the law-abiding majority can use and enjoy public spaces, safe from anti-social behaviour".
A PSPO can be made by a Council if they are 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;
- is, or is likely to be, unreasonable; and
- justifies the restrictions imposed.
Proposals for Hastings Public Spaces Protection Orders March 2017
On 6th March Cabinet approved a four week public consultation on proposals for Public Spaces Protection Orders relating to dog controls, and anti-social behaviour (ASB). PSPOs are made under the provisions of the Anti-social Behaviour, Crime and Policing Act 2014.
The Council is proposing to make two PSPOs specifying certain restrictions to be applied to specified areas of the borough relating to two broad areas of enforcement. Below are the two proposed PSPOs:
A summary of each proposed PSPO can be found below:
A hard copy of all of the consultation documents will be available from both the Tourist Information Centre at Muriel Matters House (full address below) and also the Community Contact Centre:
Hastings Town Hall
The Council welcomes feedback on these proposals.
The Council's proposals are based on evidence of the Anti-Social Behaviour we are seeking to restrict through the new PSPOs. Therefore if you want to propose changes, please provide good factual evidence explaining why you believe such changes are necessary. We may contact you in due course about your evidence so it would be helpful if you give your contact details.
The four week consultation starts on Friday 24th March and ends on Friday 21st April 2017.
You can submit your feedback and supporting evidence by email or else by writing to us at:
Muriel Matters House
This four week consultation is aimed at the general public, land owners and occupiers, businesses of Hastings as well as several statutory consultees. Statutory Consultees are Sussex Police, and the Sussex Police and Crime Commissioner. Notification must also be given to East Sussex County Council.
In addition we have identified a very wide range of other key stakeholders including statutory and voluntary organisations working with the wider street community, dog owners and groups associated with dogs, social housing providers, residents associations etc. Where we have contact details for such groups we are attempting to bring the consultation to their attention.
In November 2016 the National Consortium of Police and Crime Commissioners published the following best practice guidance highlighting the need for PSPOs as part of a multi-faceted approach to tackling ASB.
After the consultation has closed. All comments will be assessed. Any amendments arising from the consultation will be made to the proposed PSPOs. A report seeking permission to make the PSPOs will be taken to Cabinet at the earliest opportunity. The PSPOs will have immediate effect. The Council will advertise the fact that the PSPOs have been made. Appropriate signage will be put up on land affected by the Orders.
An individual who lives in the restricted area or who regularly works there or who visits that area can apply to the High Court to question the validity of a PSPO.
The grounds of appeal are:
a) That the local authority did not have the power to make the Order, or the prohibitions or requirements imposed by the Order
b) That the legislation in making the Oder had not been complied with
An application to the High Court must be made within a period of 6 weeks beginning with the date the order was made