Public Spaces Protection Orders (PSPO) in force
Breach of any of the current PSPO are considered as an offence and will incur either a Fixed Penalty Notice of £100 or a fine on prosecution in court of no greater than £1000.
Current orders in place in Warrington
- Warrington Borough – Alcohol {pdf} ** 6 week challenge period from 1st July 2021
Warrington are reintroducing a PSPO that would provide the police and other designated officers powers within a designated area (the Borough) to tackle street-drinking where it is having a detrimental effect to those in the locality.
Before making a PSPO, the Council must be satisfied on reasonable grounds that two conditions are met.
The first condition is that:
- activities carried out in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality
- it is likely that activities will be carried on in a public place within that area and that they will have such an effect
The second condition is that the effect. Or the likely effect of the activities:
- is, or is likely to be, of a persistent or continuing nature
- is, or is likely to be, such as to make the activities unreasonable
- justifies the restrictions imposed by the order
The designation for the alcohol order provides Police officers and Police Community Support Officers (PCSOs) with the power to require a person to:
- not to consume alcohol in that place; and/or
- to surrender alcohol in his/ her possession.
The PSPO allows for greater control of drinking where it is of a problematic nature – e.g. large groups of drinkers intimidating residents/passers-by; and gives police additional powers within a designated area to tackle street-drinking where there is associated anti-social behaviour (ASB).
Breach of any of the current PSPO are considered as an offence and will incur either a Fixed Penalty Notice of £100 or a fine on prosecution in court of no greater than £1000.
**For those who wish to challenge the local authority’s decision to re-introduce a PSPO, the Anti-social Behaviour, Crime & Policing Act 2014 creates a specific statutory appeal route, which must be followed by ‘interested persons’ (those who live in, work in or regularly visit the relevant area). The deadline for issuing a challenge is six weeks from the date the PSPO is made (Order made 1st July 2021) and the relevant venue is the High Court.
The challenge can be made under two grounds:
- The Council did not have the power to make the Order or to include particular prohibitions or requirements.
- That one of the requirements (for instance consultation) has not been complied with.
If you require any further information in relation to public space protection orders, please use the contact details below:
Community Safety & Resilience Team
East Annexe,
Town Hall,
Sankey Street,
Warrington,
WA1 1UH
Tel
01925 442582
communitysafetywbc@warrington.gov.uk