PSPOs are intended to deal with a particular nuisance or problem in a specific 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?
- A warning will be issued upon the first instance of a breach
- A further breach will result in the issuing of a £75 Fixed Penalty Notice (FPN), 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
- Breach of a PSPO is a criminal offence subject to, up to a level three fine on prosecution (up to £1,000)
Alcohol Free Zones PSPO
Hertsmere Borough Council has had Designated Public Place Orders (DPPOs), known as Alcohol Free Zones in Hertsmere since 2004. Under the Anti-Social Behaviour, Crime and Policing Act 2014 they have been replaced with PSPOs and will be in place until October 2020, when they will be reviewed.
The Alcohol Free Zones, which prohibit street drinking in areas of Borehamwood and Potters Bar, are designed to reduce alcohol related disorder in the identified hotspot areas. The roads included in the areas are:
It is an offence to continue to drink alcohol in this area when asked not to do so by a police officer, PCSO or any other authorised person.
It is also an offence to fail to surrender any alcohol, in an open or closed container, to a police officer, PCSO or any other authorised person when asked to do so.
It should be noted that a PSPO can't ban the drinking of alcohol in a public space the offence is failing to comply with an officer's request within the restricted area of the PSPO to stop drinking and/or surrender alcohol. This criminal offence can be dealt with by issuing a fixed penalty notice or a summons to court.
Dog Control PSPO
Hertsmere Borough Council has had Dog Control Orders since 2010 covering dog fouling, dogs to be on leads by direction and dogs to be excluded from certain areas. Under the Anti-Social Behaviour, Crime and Policing Act 2014 they have been replaced with PSPOs and will be in place until October 2020, when they will be reviewed.
Specifically, the offences are:
1. Fouling of Land by Dogs
If a dog defecates at any time on land to which this order applies and a person who is in charge of the dog at that time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence. (There are certain defences and exemptions in relation to people with registered assistance dogs)
2. Dogs on Leads by direction
A person in charge of a dog shall be guilty of an offence if, at any time, on any land to which this order applies, he does not comply with a direction given him by an authorised officer of the Authority to put and keep the dog on a lead. (The direction must be reasonably necessary to prevent a nuisance or behaviour by the dog likely to cause annoyance or disturbance to any other person or the worrying or disturbance of any animal or bird).
3. Dogs exclusion
A person in charge of a dog shall be guilty of an offence if, at any time, he takes the dog onto, or permits the dog to enter or to remain on, any land to which this order applies.
This order applies to any land in the Borough of Hertsmere, which is a children’s play area open to the air, an all-weather sports pitch or a marked sports pitch and to which the public are entitled or permitted to have access (with or without payment). There are exemptions in relation to people with registered assistance dogs.
These first two orders apply to any land in the Borough of Hertsmere, which is open to the air and to which the public are entitled or permitted to have access (with or without payment).