Public Space Protection Order

What is a PSPO?

In 2014 the Government brought new powers contained in the Anti-Social Behaviour, Crime and Policing Act 2014. Public Spaces Protection Orders (PSPOs) sit amongst a broad range of powers and tools to help tackle anti-social behaviour locally. PSPOs are aimed at ensuring public spaces can be enjoyed free from anti-social behaviour and  they provide councils with an instrument to help deal with persistent issues that are damaging their communities.

Councils can use PSPOs to prohibit specified activities, and/or require certain things to be done by people engaged in particular activities, within a defined public area. PSPOs differ from other tools introduced under the 2014 Act as they are council-led, and rather than targeting specific individuals or properties, they focus on the identified problem behaviour in a specific location.

When used appropriately, proportionately and with local support, PSPOs can be a positive device that help to prevent anti-social behaviour, and can provide an effective response to some of the issues local residents and businesses face on a daily basis.

PSPO on anti-social use of vehicles in Bradford

Dangerous, anti-social and inconsiderate use of vehicles  have had a significant effect on the District in terms of how safe people feel. There is a real sense within our communities that something needs to be done to tackle this issue. We want to add value to the work that is already on-going across the District to challenge this form of anti-social behaviour and, to reassure our communities that action is being taken.

The only practical way to enforce and make the PSPO work has been to apply it to the whole district.

Breaches of the PSPO can be subject to fixed penalties and prosecution before the magistrates court and a fine not exceeding £2000.

What are the Breaches?

The full order can be obtained on the link here (PDF).

Some of the key issues that the PSPO will tackle are:

• Aggressive driving
• Dangerous manoeuvres
• Excessive noise
• Danger to other road users (including pedestrians)
• Damage or risk of damage to private property
• Harassment of individual from vehicles
• Any nuisance to another person  

Who will be enforcing the PSPO?

The police are the only authority that has the power to stop moving vehicles. The police will, therefore, enforce any breach of PSPO at the roadside. If criminal, rather than anti-social, offences are being committed such as speeding then the police will follow the criminal route as usual.  Members of public will also be able to report an offence retrospectively to a designated department in Bradford Council, giving full details of the breach and where possible provide any evidence for investigation which requires appropriate actions.

What information should I provide and who should I contact?

If you believe someone is in the breach of a PSPO, if safe to do so  please try to obtain as much information as possible, for example, the location (road/street name) make and model of the vehicle, registration number and the nature of the anti-social act.   

You can forward all this information to the Safer Communities team by emailing Safer.Communities@bradford.gov.uk.

What would happen if I breached it?

Breaching a PSPO is a criminal offence. Orders can be enforced by an officer authorised by the local authority including PCSOs and a Police Constable. A breach of the PSPO can be dealt with through the issuing of a Fixed Penalty Notice of up to £100 or by prosecution.

An image of the road sign now sited across the district can be found below.

Public Space Protection Order (PSPO) relating to the consumption of alcohol and intoxicating substances

There is a Public Space Protection Order (PSPO) in force in the Bradford district relating to the consumption of alcohol and intoxicating substances (formerly referred to as ‘Legal Highs’). This covers an area of Bradford City Centre and some outskirts of the City. There are also PSPOs with the same conditions relating to alcohol consumption covering areas of Bingley, Shipley and Keighley.

It is an offence under these PSPO to refuse, when asked by an authorised officer, to stop drinking and/or surrender the alcohol to the authorised officer. If an offence is committed, a notice is given that an offence has been committed and a request to pay a fine, or prosecution will follow. If an individual complies with the officers’ request, no offence is committed.

The wording of the Order includes:

• A person must not without reasonable excuse consume or intend to consume alcohol in the restricted area.
• If a Police Constable, authorised Police Community Support Officer or authorised Council Officer reasonably believes a person is intending to consume alcohol, and having informed that person that it is an offence, the officer may ask them to stop and surrender the alcohol and the officer may then dispose of it.
• The authorised officer may also issue a fixed penalty notice of £100 which if unpaid may lead to prosecution in the magistrates court and upon conviction to a fine of up to £500 and £1000 (alcohol related offences or use of legal highs respectively).

Ilkley PSPO

Following escalating anti-social behaviour over a number of years, Bradford Council implemented a PSPO for the Ilkley riverside area.  Prohibitions would relate to offensive behaviours that cause alarm, harassment or distress with the intention of authorising West Yorkshire Police with delegated powers to enforce any breaches of the PSPO.

Ilkley riverside attracts many visitors, especially during periods of warm weather. A minority of visitors have engaged in behaviours that and sometimes threaten and intimidate other visitors. This includes: abuse of alcohol and/or drugs, excessive noise, using foul or abusive language, threatening behaviour or violence and littering. The proposed boundary for the PSPO can be found at Appendix A.

Jumping off the footbridge has become a common occurrence, especially in periods of hot weather. The shallow water around the bridge puts those who do jump off the bridge at risk of injury.

This has caused Bradford Council to have to close the footbridge, on occasion, causing significant inconvenience to both local residents and visitors, as well as a drain on Police and Council resources to enforce the closure

Prohibitions

The effect of this Order is to prohibit the following activities in public spaces within the restricted area, as follows:

Person(s) within the restricted area are prohibited from:

1. Behaving in a way, including by congregating in a group, that causes or is likely to cause harassment, alarm, distress or concern for safety to another person in a public place; 
2. Threatening, abusing or intimidating other people within the restricted area
3. Using foul or abusive language
4. Alcohol abuse and/or drunken behaviour
5. Refusal to stop drinking alcohol or hand over any containers (sealed or unsealed) which are believed to contain alcohol, when required, to do so by an authorised officer in order to prevent public nuisance or disorder
6. Being under the influence of controlled drugs or other psychoactive substance;
7. Causing an obstruction or jumping from the footbridge over the River Wharfe connecting Ilkley with Denton Road and Middleton Woods. 
8. Lighting or being in control of a fire or barbecue;
9. Littering -  not to throw down, drop or otherwise deposit and then leave, litter in any place.
10. Camping overnight in tents, caravans or camper vans. No sleeping out of doors over night

Any person who fails without reasonable excuse to comply with a requirement imposed on him/her by this Order or does anything that he is prohibited from doing by this Order commits an offence under section 67 of the Act and is liable on summary conviction to a fine not exceeding level 3 on the standard scale or may be issued with a fixed penalty notice requiring payment of a sum not exceeding £100.

Public Space Protection Order (PSPO) Gating Order

There are four Public Space Protection Orders (PSPO) in force in the Bradford district relating to the consumption of alcohol, to fires/wildfires, the gating of Highways and Public Footpaths and to nuisance driving.

ANTI-SOCIAL BEHAVIOUR CRIME AND POLICING ACT 2014 CITY OF BRADFORD METROPOLITAN DISTRICT COUNCIL PUBLIC SPACES PROTECTION ORDER EXTENSION 2020 

The City of Bradford Metropolitan District Council (“the council”) has decided to extend the above public space protection orders within the following areas:

BRADFORD NORTH FOOTPATH 44 AND 45VARIOUS HIGHWAYS IN EAST BOWLING LIDGET GREEN AND GREAT HORTON BRADFORD

VARIOUS HIGHWAYS IN LITTLE HORTON BRADFORD (NO 1)

VARIOUS HIGHWAYS IN LITTLE HORTON BRADFORD (NO 2)PUBLIC FOOTPATH BRADFORD NORTH 155 

In October 2014 the Anti-Social Behaviour Crime and Policing Act 2014 was introduced which, in turn, created PSPO’s replacing gating orders. ‘Gating orders’ issued by the Council came into operation to reduce and prevent crime and anti-social behaviour in the area which was facilitated by the public right of way. These orders sought to have locked gates in the area detailed above. As a result of the implementation of the new legislation in the form of the Anti-Social Behaviour Crime and Policing Act 2014 this ‘Gating Order’ automatically converted into what is now known as a Public Spaces Protection Order (PSPO) on the 20^th October 2017.The purpose of these orders is aimed at:

1. Limiting elements of anti-social behaviour which impact on those residents within the areas listed above; and
2. Reducing the level of crime which impact on those residents within the areas listed above.

Further details with regard to these orders, including plans, may be viewed by clicking on the appropriate links