WILTSHIRE PUBLIC SPACES PROTECTION ORDER 2 OF 2024
ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014
1. Wiltshire Council ('the Council'), in exercise of the power under Section 59 - 61 of The Anti-Social Behaviour, Crime and Policing Act 2014 (the Act), is satisfied that the following conditions have been met to make a Public Spaces Protection Order (the Order):
(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
(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; and
(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.
2. In this Order "authorised person" means a Police Officer or other person who has been authorised by Wiltshire Police or the Council. The Order applies to the ''restricted area" shown in red on the schedule map.
3. A person commits an offence if, without reasonable excuse, an authorised person reasonably believes that the person does any of the following in a public space in the restricted area:
a) Is, has been or intends to consume alcohol in breach of a prohibition of this Order
b) Fails to comply when required by an authorised person:
i) not to consume alcohol or anything the authorised person reasonably believes to be alcohol
ii) to surrender anything in his or her possession which is, or the authorised person reasonably believes to be alcohol or a container for alcohol.
4. A person commits an offence if an authorised person reasonably believes that the person does any of the following in a public space in the restricted area without reasonable excuse:
a) Gathers and/or remains in a group of two or more at a specified location, when directed not to do so by an authorised officer on the basis that gathering and/or remaining is causing, or is likely to cause, harassment, alarm or distress to those in the locality.
b) Fails to comply, when directed by an authorised person, to leave the restricted area and not return for the period specified in the direction given (not exceeding 48 hours). Such direction should be given in writing where possible, clearly specifying the restricted area.
5. Pursuant to section 67 of the Act, it is an offence for a person without reasonable excuse:
(a) to do anything that is prohibited by the Order, or
(b) to fail to comply with a requirement to which they are subject under the Order
The Council hereby provides for the issuing of fixed penalty notices (FPNs) to those in breach of the Order. Under these notices, the fine will be £100 and failure to pay a fine will entitle the Council to prosecute and, on summary conviction, the court may impose a fine not exceeding level 3 on the Standard Scale (i.e. currently £1,000). The Council would also be entitled to seek costs against anyone convicted of a breach.
This Order will cease to have effect after the expiry of three years from the date on which it was made. It is intended that before the expiry of the Order, the Council will review it and consider whether an extension of it is appropriate.
WILTSHIRE COUNCIL PUBLIC SPACES PROTECTION ORDER 2 OF 2024
