Public space protection orders (PSPOs)

The 2014 Act gives councils the authority to draft and implement public spaces protection orders (PSPOs) in response to the particular issues affecting local communities, providing certain criteria and legal tests are met.

Anti-social behaviour and nuisance public spaces protection order

The council had made designated public places orders (DPPOs) to control the drinking of alcohol in nine public places in July 2006, using powers then available to it under the Criminal Justice and Police Act 2001.

The council carried over the existing alcohol control powers controls October 2017 by bringing in a replacement public spaces protection order (PSPO) to ensure the council and its partners could continue to be able to take action to reduce the problems arising from under-age drinking, public drunkenness, and alcohol related violence in the [then] nine named town, village and local centres where controls were in place.

As public spaces protection orders require review and renewal (if still required) every three years, the council has extended the order twice since 2017, most recently in October 2023. The council when renewing a PSPO can introduce new requirements or extend existing prohibitions and requirements to additional public spaces providing it can justify doing so.

These rules take the form of a public spaces protection order (PSPO), which allows the council to take enforcement action by issuing on the spot £100 fines (and a maximum court penalty of £1,000) to for another three years (until 19 October 2023). The council has broadened the scope of the order since its 2017 introduction to take new powers to tackle emerging issues around aggressive begging, antisocial behaviour and nuisance and alcohol related issues in additional locations.

The PSPO gives police officers (or an authorised person) discretionary powers to take enforcement action by issuing on the spot £100 fines (fixed penalty notice) to members of the public who:

  • continue  to consume alcohol within a restricted area when asked not to by a constable or authorised person: subsection (2).
  • refuses to surrender any alcohol or container for such alcohol when asked to by a constable or authorised person: subsection (2)
  • urinates and/or defecates without reasonable excuse for doing so within a restricted area (new offence introduced October 2020): subsection (3)
  • place themselves in a position to beg or solicit money in a manner which is aggressive or intimidating, or which is likely to cause a member of the public to feel harassed, alarmed or distressed (new offence introduced December 2022): subsection (4)
  • alone or part of a group, makes any aggressive verbal, non-verbal or written requests for goods, money or donations (new offence introduced December 2022): subsection (5)
  • Exemptions: a person may collect money, in a non-aggressive manner, if they are authorised to do so by a Street Collection Permit issued by the Council
  • acts in such a way which causes or is likely to cause alarm, harassment, distress, or nuisance to the public, including people living in the locality, in particular shouting and swearing at, or abusing, threatening or otherwise intimidating (including by the use of sexual language or making sexual suggestions) another person (new offence introduced October 2023): subsection (6)
  • who has previously been warned regarding their behaviour under subsection (6) who refuses to leave any highway, car park, open/amenity space area, public toilets, shopping precinct [retail, commercial or licensed premises, public building] or other area within “restricted area” when requested to do so by a Police Constable or an Authorised Person” (new offence introduced October 2023): subsection (7)

The PSPO does not make it an offence to consume alcohol in the restricted areas. Nor does it place controls on people consuming alcohol in public houses, licensed premises, or pavement cafes.

Breach of the PSPO without a reasonable excuse is an offence, for which a fixed penalty notice of not more than £100 may be issued (maximum court penalty: £500).

You can also view location maps for the restricted areas including  at public places such as highways and streets, car parks, open spaces, public toilets, and shopping precincts, within the following 11 town, village, and local centres across the borough here:

PSPO consultations

The council sought views (24 July – 8 September 2023) on its proposal to renew the “Redcar and Cleveland Borough Council (Alcohol) Public Spaces Protection Order (PSPO) 2017” for a further three years (until 19 October 2026). The council also sought views on its proposals to vary the Order as follows:

  • by amending the extent of the Guisborough restricted area to incorporate adjoining retail parks
  • by amending the extent of the Skelton restricted area to incorporate including parts of Skelton industrial estate and adjoining retail parks
  • by creating a new [11th] restricted area at South Bank including Low Grange and Cleveland  retail parks; and the A1085 Trunk Road between these two retail parks
  • by introducing a new antisocial behaviour and nuisance offence across all 11 restricted areas.

This consultation closed on Friday 8 September 2023.

Having complied with consultation requirements and secured overwhelming support for its proposals to do so,  the council has now exercised its powers, under sections 60 and 61 of the Antisocial Behaviour, Crime and Policing (2014) Act, to extend and vary the “Redcar and Cleveland Borough Council (Alcohol) Public Spaces Protection Order (PSPO) 2017”, which will otherwise had expired on 20 October 2023. The extension and variations are necessary to prevent the occurrence or reoccurrence of the activities identified in the order.

The Order, having been renewed and varied, will subsequently be known as the “Redcar and Cleveland Borough Council (Anti-Social Behaviour and Nuisance) Public Spaces Protection Order (PSPO)” to reflect the broadened scope of the Order as it has been developed since its 2017 introduction.

You can view a summary of the consultation outcome here  https://www.redcar-cleveland.gov.uk/consultations/previous-consultations

You can view the content of the Public Spaces Protection Order (Alcohol) Variation No 4 2023 below: