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Public Space Protection Order

Background information

This order replaces the existing Designated Public Place Order (DPPO) which has been in force borough wide since 2007.

Background information 

The Criminal Justice and Police Act 2001 (CJPA) gave local authorities the power to designate public areas through the introduction of a DPPO.

This was because of evidence which showed that violent crime and criminal damage was often fuelled by alcohol, and that some individuals under the influence of alcohol, were causing anti-social behaviour and nuisance. 

Section 12 of the CJPA gave the Police the power to require a person not to drink alcohol, and to surrender alcohol in their possession in the areas covered in the order. This is only in relation to 'problem drinking' ie a threat to community safety, it is NOT a total ban on consuming alcohol in a public place. 

Nuneaton and Bedworth Borough Council introduced the DPPO borough wide in 2007 and, working alongside partners from the Nuneaton and Bedworth Safer Communities Partnership (NABSCOP) it has proved successful in that violent crime and ASB reduced during this period. 

What is a Public Space Protection Order? 

When the Anti- Social Behaviour, Crime and Policing Act 2014 was introduced, DPPO's were replaced by the Public Space Protection Orders (PSPO). This has resulted in DPPO's having to replaced with PSPOs by October 2017: 

  • PSPOs are designed to address specific issues and problems. The issue must be having a detrimental effect on the community, must be persistent or continuing, and must be unreasonable.
  • Councils' can make a PSPO on any public space within its boundary
  • Councils' have to consult with any interest party prior to making the order, and they have to consult for at least six weeks. Interested parties are defined as anyone living in the area, or anyone working or visiting the area regularly. The Police also have to be consulted.
  • Councils' also have to publish a draft order prior to making any order, in accordance with the regulations laid down by the Secretary of State
  • An interested person can challenge the order in the High Court on two grounds: 
  1. That the Council did not have the powers to make the order, or to include the prohibitions or requirements or;
  2. That one of the requirements had not been complied with, for example no consultation has taken place.

A PSPO will be in force for three years, and can be renewed and varied as long as there is sufficient evidence justifying the need. 

Last updated Monday, 11th October 2021

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