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Public Spaces Protection Order

Public Spaces Protection Orders (PSPOs) are intended to deal with nuisance or problems in an area that cause harm to the quality of life of the local community. The power to make a Public Spaces Protection Order was given to District Council by the Anti-Social Behaviour, Crime and Policing Act 2014.

What is a PSPO?

The Council can make a PSPO on any public space within the area if it is satisfied 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
  • justifies the restrictions imposed

The PSPO can prohibit people from doing certain things in an area, requires specified things to be done by persons carrying on specified activities in an area, or do both of those things.

 A PSPO can last for up to three years but this time period can be extended if necessary.

 Any challenge to the PSPO must be made in the High Court by an interested person within six weeks of it being made.

Current PSPOs

Dover District Council currently has two PSPOs in force which cover issues surrounding dog control and street drinking.

Dog Control

 In summary the dog control order:  

  • Excludes dogs from:
    • enclosed children's play areas 
    • specific beaches at certain times of year
    • specific sporting or recreational facilities
    • specific nature reserves
  • Requires dogs to be kept on leads:
    • within specific churchyards and cemeteries
    • specific seafront promenades and seafront gardens
    • specific memorial sites
  • Requires dog owners to remove dog faeces forthwith
    • This applies to any land to which is open to air and to which the public have access
  • Requires dog owners to put their dog on a lead when directed to do so by an authorised officer
    • This will apply to any public land where a dog is considered to be out of control or causing alarm and distress

A map showing areas affected by this PSPO can be viewed by clicking here

A copy of the current PSPO can be found on the link below

 

Street Drinking

In summary the Street Drinking order means:

If you refuse to stop drinking alcohol or to hand over any containers (sealed or unsealed) which are believed to contain alcohol when required to do so by an authorised officer or Police Officer you will be committing an offence.

This order shall not apply to

  • (a) premises authorised by a premises licence to be used for the supply of alcohol
  • (b) premises authorised by a club premises certificate to be used by the club for the supply of alcohol
  • (c) a place within the curtilage of premises within paragraph (a) or (b)
  • (d) premises which by virtue of Part 5 of the Licensing Act 2003 may at the relevant time be used for the supply of alcohol or which, by virtue of that Part, could have been so used within the 30 minutes before that time

A map showing areas affected by this PSPO can be viewed by clicking here

A copy of the order can be viewed by clicking here

What are the penalties for breaching a PSPO?

Depending on the behaviour in question, the enforcing officer could decide that a fixed penalty notice (FPN) would be the most appropriate sanction. A FPN can be issued by a police officer, PCSO, Council officer or other person designated by the Council.

 The fixed penalty notice amount for breaching a PSPO in the Dover District is set at £100 (reduced to £75 if paid within 10 days). Payment of this penalty discharges the liability to prosecution.

 Prosecution may lead to a fine of up to £1,000.

Contact

Email:  envcrime@dover.gov.uk