{"id":15030,"date":"2017-07-12T14:24:32","date_gmt":"2017-07-12T13:24:32","guid":{"rendered":"http:\/\/vanel.org.uk\/va\/?p=15030"},"modified":"2017-07-12T14:24:32","modified_gmt":"2017-07-12T13:24:32","slug":"nelc-review-of-the-current-public-space-protection-order-pspo","status":"publish","type":"post","link":"https:\/\/vanel.org.uk\/va\/2017\/07\/nelc-review-of-the-current-public-space-protection-order-pspo\/","title":{"rendered":"NELC Review of the current Public Space Protection Order (PSPO)"},"content":{"rendered":"

What is a PSPO?<\/strong><\/p>\n

The Public Space Protection Order is not a total ban on drinking in public places but makes it an offence to carry on drinking when asked to stop by a police officer. This power should only be used in circumstances where antisocial behaviour is occurring or is likely to occur. The penalty for breaching this order is normally a Fixed Penalty Ticket or a fine of up to \u00a3500 on conviction.<\/p>\n

How is it legal?<\/strong><\/p>\n

The Antisocial Behaviour Crime and Policing Act 2014 allows councils to introduce these orders, after consultation with communities and other interested parties. The orders must be reviewed every three years to ensure they are still necessary.<\/p>\n

Is it a ban on drinking alcohol?<\/strong><\/p>\n

No. A drinker\u2019s behaviour is the consideration in any action taken by those who enforce the order. It is not intended that those who are sensibly drinking will be subjected to these order\u2019s requirements. Home Office guidance reinforces this.<\/p>\n

Are people still able to drink outside of pubs?<\/strong><\/p>\n

Yes. The PSPO does not make it illegal to drink alcohol in a public place. However, a person could risk prosecution if they stray beyond the legal boundary of a licensed premises or are in contravention of the conditions attached to the licensed premises and they do not stop drinking if asked to do so by those empowered to enforce the order.<\/p>\n

Does the PSPO apply to alleyways and streets?<\/strong><\/p>\n

Yes. A public place is any such place to which the public has access. Such public places include streets, parks and open spaces. Private land is not covered by this legislation.<\/p>\n

What about street parties and events in parks?<\/strong><\/p>\n

Events which take place in a public place and have been authorised by a premises license, or a temporary events notice will be excluded from the PSPO powers.<\/p>\n

Were any additional police officers employed to enforce the order?<\/strong><\/p>\n

No. There are no extra police officers to deal with this order.<\/p>\n

What other powers do the police have to deal with alcohol-related crime and disorder?<\/strong><\/p>\n

A police officer can issue a direction to leave a locality to an individual aged at least 10 who is in a public place and who presents a risk of alcohol-related crime and disorder under the Crime and Policing Act 2014. The effect of the order prohibits their return to the locality for up to 48 hours and failure to comply is a criminal offence punishable with a fine of up to \u00a32,500. In addition, the Confiscation of Alcohol (Young Persons) Act 1997 allows the police to seize alcohol from under 18s in public places.<\/p>\n

Exclusions to the PSPO<\/strong><\/p>\n

The following premises will be excluded from the designated public place under the proposed order and therefore the order WILL NOT apply to them:<\/p>\n