Salisbury PSPO Order
The Anti-Social Behaviour, Crime and Policing Act 2014
(Publication of Public Spaces Protection Orders) Regulations 2014
Wiltshire Council Public Spaces Protection Order (No.2) 2017
Wiltshire Council {hereinafter called "the Council") in exercise of its powers under Section 59 of Anti-Social Behaviour, Crime and Policing Act 2014 ("the Act") and of all other enabling powers, and being satisfied that the conditions set out in section 59 of the Act are met, hereby makes the following Public Spaces Protection Order ("PSPO") in relation to the parts of the Salisbury listed in Schedule 1 to this Order:-
- This Order may be cited as the Wiltshire Council (Public Spaces Protection Order) (No.2) Order 2017. The Council considers that (a) activities carried on in a public place within the authority's area have had a detrimental effect on the quality of life of those in the locality, or (b) it is likely that activities will be carried on in a public place within that area and that they will have such an effect; (c) the effect, or likely effect, of the activities is, or is likely to be, of a persistent or continuing nature and is, or is likely to be, such as to make the activities unreasonable.
- Following consultation and consideration, the Council is satisfied that the restrictions imposed by this Order are justified to prevent nuisance or disorder. In this order "authorised person" means a Police Officer or other person who has been authorised by Wiltshire Police or the Council. Refusal to comply with a request from an authorised person to cease the activities listed in (3) below shall be a breach of this Order.
- This Order applies to the areas listed in Schedule 1 to this Order. Accordingly, no person shall:
a. Drink alcohol or anything which an authorised person reasonably believes to be alcohol within the designated PSPO area. An authorised person may require any person to surrender anything in that person's possession which is, or which the authorised person reasonably believes to be alcohol, or a container for alcohol. This shall not apply to (i) a public place or event for which the Council and/or Salisbury City Council has issued a licence permitting the sale and/or consumption of alcohol or (ii) an unlicensed event where prior written permission to bring and consume alcohol has been given to the organisers of the event by Wiltshire Police.
b. Remain in a public toilet when asked to leave in order to prevent nuisance or disorder
c. Deliberately leave a food source for vermin. For the purposes of this Order "vermin" shall include pigeons and rats. - Fixed Penalty Notices
The Council hereby provides for the issuing of fixed penalty notices (FPNs)to those in breach of the order. Under these notices, the fines will be £100 and failure to pay them will entitle the Council to prosecute.
With regard to part 3a of the Order and under section 63 of the Act, any person who without reasonable excuse commits an offence, shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale which is a maximum of £500.
With regard to part 3b, 3c and 3d of the Order and under section 67 of the Act, any person who without reasonable excuse commits an offence, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale which is a maximum of £1000.
A copy of this Order is available for inspection at the address given below during normal business hours:
Wiltshire Council Legal Services, County Hall, Bythesea Road, Trowbridge Wiltshire BA14 8JN. Please telephone Mr. Gale on 01225 718023, quote reference 112199, and arrange an appointment in advance.
It is intended that "The Wiltshire Council (Public Spaces Protection Order) (No.2) 2017" will be reviewed by Wiltshire Council before the expiry of three years from the date on which the Order came into operation. The review will consider whether an extension to the Order is appropriate.
WILTSHIRE COUNCIL (PUBLIC SPACES PROTECTION ORDER (NO.2) 2017
THE COMMON SEAL of the WILTSHIRE COUNCIL was hereunto affixed this xx day of xx 2017
in the presence of:-
