Public Spaces Protection Orders
What is a PSPO?
Public Spaces Protection Orders (PSPOs) 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 without experiencing anti-social behaviour.
How does the PSPO work?
- Breach of a PSPO is a criminal offence subject to, up to a level three fine on prosecution (up to £1,000)
- A warning will be issued upon the first instance of a breach
- Further breach will result in the issuing of a Fixed Penalty Notice (£75), payable within 14 days
- If paid within ten days, a discounted charge of £50 is applied
- Payment of the FPN discharges liability to conviction for the offence
The police will work in partnership with the council to ensure the effective enforcement of these new regulations.
Current and Proposed Public Spaces Protection Orders (PSPO)
Brent Parks, Open Spaces, Cemeteries and Graveyards - Extended until 18 April 2019
The Consultation for the Public Spaces Protection Order for Brent Parks, Opens Spaces, Graveyards and Cemeteries has been extended up until 18 April 2019 as a result of feedback from resident and community groups. Please read the attached documents and comments before completing the survey, as this is a legal requirement under the ASB Crime and Policing Act 2014.
- A maximum fine for breach of Brent’s current park byelaws is £20 and there has been no enforcement undertaken since it was enacted.
- A maximum fine for Breach of a PSPO is £100 and there is flexibility under the legislation to prosecute persistent offenders at Court, where they could be fined a maximum of £1000 pounds. Under the legislation consent would have to be given by private land owners should the Council decide to implement an order which covers such an area.
If a PSPO is introduced, those in breach face an instant £100 fixed penalty fine or possible criminal prosecution. If introduced, the PSPO will be enforced by a partnership of the police and council.
- All Parks and Open Spaces owned by the London Borough of Brent
- All Cemeteries and Graveyards owned by the London Borough of Brent
- Use of illegal drugs or psychoactive substances (formerly known as legal highs).
- Consumption of alcohol.
- Littering (such as cigarettes, bottles, cans, packets, food).
- Erecting or occupying any shelter, sleeping apparatus or caravan with the intention of residing in it, without the written consent of the London Borough of Brent.
- Urinating or defecating in a place other than a serviced public convenience.
- Feeding wildlife.
- Use of motor vehicles without the written consent of the London Borough of Brent
- Defacing or damaging fixtures, furniture or other items.
- Losing control of any dogs.
- Letting a dog enter an area where a notice specifies that dogs are not allowed, such as a playground.
- Walking more than 4 dogs at a time.
- Flying of drones or any other form of model aircraft without the written consent of the London Borough of Brent.
- Launching sky lanterns that “rely on an open flame to heat the air inside the lantern”
- Lighting of fires or using barbeques.
- Use of fireworks without the written consent of the London Borough of Brent.
- In the event that a dog defecates, the person responsible for the dog at the time must remove the faeces immediately.
- Dogs must be kept on a lead in multi-use games areas (MUGA), tennis courts, walled gardens, graveyards, cemeteries and areas where a notice specifies that dogs must be on a lead.
Current PSPOs for migrant workers in Queensbury
Queensbury and Cricklewood migrant workers
This PSPO prohibits businesses and residents from picking up casual labourers in these areas, and from coaches dropping off large numbers of people.
An overwhelming majority of residents in both areas agreed with the proposals, and the PSPO was put in place in September 2015.
This PSPO is designed to tackle the following issues, which were raised by residents in the area:
- Migrant workers sleeping, erecting shelters and encampments in parks and green spaces
- Criminal damage, extensive littering and defecating in parks and public spaces
- Anti-social behaviour causing distress to local residents
- Exploitation of the casual workers – low wages, no regulations or health and safety at work.
Boroughwide PSPOs to prohibit street drinking
Brent Council has now implemented a boroughwide Public Spaces Protection Order (PSPO) from 20 October 2017 until 19 October 2020 to prohibit street drinking.
These prohibitions are designed to tackle the following issues:
- Street drinking in the identified hotspot areas of Brent
- Provide a proportionate response to the identified drinking problem
The aim of the PSPO is to reduce anti-social behaviour in our drinking hot spot areas and also ensure that those who are vulnerable, with alcohol and substance misuse problems are supported. We also hope to enforce against individuals who are not complying with the order and work with the Licensing Team to discover businesses that might be complicit.
After a pilot programme in six wards in Brent from April to September 2017, it was agreed to support the PSPO to go boroughwide.
Alongside the PSPO powers, Change Grow and Live (CGL) are commissioned by Brent Public Health to engage and support, hard to reach / vulnerable street drinkers. Through Brent’s Local Joint Action Groups, CGL and B3 we will support vulnerable street drinkers identified in those areas to help them access treatment and other support services to turn their lives around.
The effect of the Order is to impose the following prohibitions and / or requirements at all times:
Any person is prohibited from, at any time, consuming alcohol or having an open alcohol container, in the restricted area unless subject to exemptions listed in Appendix 1 below.
(i) In this area any person who without reasonable excuse continues consuming alcohol in the restricted area when asked to stop by a Police Officer, Police Community Support Officer or authorised person from the council under Section 63 of the ASB Crime and Policing Act 2014 or fails to surrender any alcohol in his / her possession when asked to do so by a Police Officer, Police Community Support Officer or authorised person from the council is liable on summary conviction to a fine not exceeding level two on the standard scale or if in receipt of a Fixed Penalty Notice to a penalty of a maximum of £100.
Neasden Town Centre PSPO
A PSPO is currently operational in Neasden Town Centre. This PSPO prohibits coaches and minibuses from terminating in the area and thereby causing nuisance, annoyance or harassment, e.g. by dropping off large numbers of people and goods, and/or parking inconsiderately.
This PSPO will be implemented from September 2018 to September 2021.
Neasden Town Centre Public Space Protection Order - until 2 September 2021.