Public Spaces Protection Orders (PSPOs)

Background

The public highway between Dunster Street and St Michael’s Road has been a hotspot for drug dealing, fly tipping and anti-social behaviour for many years.  In the past, several recommendations were made for gating this highway, most recently due to arson, whereby rubbish was set on fire in the alley. In 2020 it was proposed to use the Crime and Policing Act (2014) to gate the alleyway 24 hours a day, 7 days a week. 

Gating the Highway

The Public Spaces Protection Order (PSPO) to gate the alleyway was approved by Cabinet on 20 January 2021 and planning permission granted 16 March 2021. 

Background

The public highway between Drapery and College Street has been a longstanding hotspot for crime and anti-social behaviour. Following the tragic death of a young man in the alley in 2019 it was proposed to use the Crime and Policing Act (2014) to gate the alleyway 24 hours a day, 7 days a week.

Gating the alley

The Public Spaces Protection Order (PSPO) to gate the alleyway was approved by Cabinet on 16 October 2019 and was brought into effect on 8 March 2021. 

The views of local residents and businesses were sought as part of a six-week consultation around the proposal to gate Northampton Town Centre alleyway, Francis Jetty. The consultation ran from 8 November to 19 December, 2022.

Francis Jetty is located off Bridge Street, Northampton, and provides a shortcut to Kingswell Street and nearby St Peters Way car park. However, for many years the jetty has attracted persistent illicit activities and anti-social behaviour such as drug dealing and sexual assault.

To tackle these behaviours, West Northamptonshire Council proposed making a Public Spaces Protection Order (PSPO) to gate the public highway, using its powers under the Anti-social Behaviour, Crime and Policing Act 2014.

The plans have been approved meaning that Francis Jetty will be gated 24 hours a day, seven days a week, with access to Kingswell Street still available via alternative routes.

The PSPO aims to help ensure that all dog owners behave responsibly in areas that are enjoyed by many other users. It outlines requirements and restrictions to encourage responsible dog ownership and to ensure that shared spaces are usable and accessible for all of West Northamptonshire’s residents.

By prohibiting smoking in specific open spaces, it’s intended to help reduce littering of cigarettes and associated items in these areas, will help keep open spaces safer, cleaner and greener for all. It’s also intended to reduce exposure to second-hand smoke and make smoking less visible to children. The specified areas where smoking is prohibited - Children’s play areas; schools; skateparks; tennis courts; multi-use games areas (MUGAs) and bowling greens are all public places for residents to go to maintain and enjoy a healthy lifestyle which can be supported with the banning of smoking in these areas.

A Public Space Protection Order, also known as a PSPO, is a power available under the Anti-Social Behaviour, Crime and Policing Act 2014. PSPOs can be used to protect the public from behaviour that is likely to have a harmful effect on the quality of life in the locality and is persistent and unreasonable or is likely to be.

An Order can be used to control certain activities in a specified area if two conditions are met:

• that the activities have had, or are likely to have, a detrimental effect on those in the locality
• that the effect is, or is likely to be, persistent and continuing nature and is or is likely to be such as to make those activities unreasonable and that restrictions are justified.

Public Spaces Protection Orders (PSPOs) replaced Gating Orders, Dog Control Orders and Designated Public Place Orders and can be used to control behaviours which are having, or are likely to have a detrimental effect on the quality of life of those in the locality.

Behaviours which can be controlled through restrictions or positive requirements within a PSPO can include:

• Controlling access over public land
• The consumption of alcohol
• Dogs roaming freely and/or fouling
• Storage of household items or waste
• Storage of wheelie bins
• Aggressive behaviours linked to begging, street peddling or preaching

The above list is not exhaustive and restrictions or positive requirements will depend on the nature of the issue the PSPO is imposed to deal with.

It’s intended that this PSPO will encourage responsible dog ownership and discourage smoking and associated littering in specific open spaces. In turn, this will help make West Northamptonshire an even cleaner, greener, healthier and safer place in which to play, live, work or visit by:

• Reducing the number of dog fouling incidents across the area
• Reducing the number of dogs allowed to stray or be out of control and cause nuisance to people or other animals
• Prevent incidents to enable powers to request dogs are placed on leads when directed to do so by an authorised officer
• Making specific open spaces such as play areas, skate parks and MUGAs safer and welcoming for children to enjoy
• Improving the local community, environment, health and wellbeing for all
• Making smoking less visible to children and reduce the amount of smoking associated litter in specific areas

An “Authorised Person” means an employee of the Council, or any employee of a partnership agency or contractor. This includes Kingdom LA Support and Northamptonshire Police Constables.

Where a person breaches the PSPO, an authorised person will have a number of options open to them and will exercise discretion in how they handle any situation. Depending on the nature of the breach, the authorised officer can issue a verbal warning and require immediate cessation of the behaviour causing the breach of the PSPO.

A Fixed Penalty Notice (FPN) of £100 may be issued if any of the PSPO conditions are breached. There is no discount for early or prompt payment. Failure to pay may lead to prosecution. Any enforcement action will be taken in line with the WNC Enforcement policy.

Prosecution might be appropriate for repeat offenders, or if the offence is so serious that it merits prosecution. For example: a dog owner that allows their dog to be dangerously out of control, despite being directed by an officer to put it on a lead, may risk prosecution, rather than being issued with a Fixed Penalty Notice. Failure to pay the Fixed Penalty Notice may also result in prosecution.

Any enforcement action will be taken in line with the WNC Enforcement policy.

The PSPO states that “any person who is in control of the dog at the time must remove the faeces from the land forthwith”

Land to which this Order applies includes all open space in the administrative area of the Council to which the public have access. This includes all roads, footpaths, pavements, alleyways and grass verges maintained at public expense as well as any bridleway or other public right of way over privately owned land and all parks and open spaces, including commons, grounds and wooded areas, owned, operated, managed or maintained by the Council or any Parish, Town or Community Council.

You must have the appropriate means to pick up dog faeces deposited by your dog. It is recommended that you take out several bags with you so that if your dog decides to go to the toilet more than once, you are not without a bag.

Dispose of the bag correctly in either a dog waste or litter bin, or take it home and place it, suitably wrapped, in your own waste bin. Do not dump the bag in a hedge or hang it from a branch, this is littering. Littering is also an offence and you can receive a fine of £150.

Dog poo can be bagged and placed in any normal public bin – it does not have to go in a dog poo bin. If there are no bins available it can be taken home and put into a dustbin.

Requiring dogs to be kept on leads in designated areas is likely to reduce the risk of dog fouling occurring and ensures dog walkers keep their dogs under control for the safety of yourself, your dog and the safety of others.

If an authorised officer considers a dog, or dogs, to be out of control, or causing alarm or stress, the owner of a dog will be instructed to put and keep a dog on a lead.

Health

The exclusion of dogs from these sites is important in ensuring the health of users of these areas to ensure they remain a safe and welcoming environment.

Dog fouling can cause blindness from the disease toxocariasis, which is spread from animals to humans through infected dog foul.

Users of these areas should be able to enjoy them without the fear of treading in or coming into contact with dog faeces.

Safety

Users of these areas should be able to enjoy them without concern caused by dogs that may be out of control which could cause alarm, distress or injury.

Four dogs is the maximum amount of dogs that can be walked at any one time.

More than four dogs can be walked on private land with permission from the landowner and at dog parks and secure dog walking fields across the area.

• Find a dog park

If you walk dogs as part of your job and are licenced under the  The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 you can walk a maximum of 6 dogs at any one time.

In most areas there will be signage to tell you when your dog must be on a lead. However, it is your responsibility to put your dog on a lead at these locations whether signage exists or not. The Council will provide lots of information and communications regarding the requirements. There is no defence for being ignorant of the requirements.

Most dogs love being off the lead and in many circumstances – so long as your dog is safe and under control – that is absolutely fine. However, if an authorised officer has formed the opinion that a dog is causing danger or serious nuisance to other persons, their dogs, a bird or other animals the owner will be ordered to bring it under control on a lead.

Nothing applies to a person who is registered as a blind person on a register compiled under section 29 or the National Assistance Act 1948; or is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (register charity number 293358) and upon which the person relies for assistance; or has a physical or mental impairment which has a substantial and long term adverse effect on the ability to carry out common day-to-day activities in respect of a dog trained by any current or future members of Assistance Dogs UK, or any other charity registered in the UK with a purpose of training assistance dogs and upon which the person relies for assistance. Has a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities and in the reasonable opinion of the Council that person relies upon the assistance of the dog in connection with their disability.

There is a Dog Control and Prohibition of Smoking PSPO in place across Daventry and South areas. This came into force 1 November 2022 and will remain in place for a period of 3 years.

If made, the variation to cover the Northampton area will come into force 3rd October 2023 and remain in place until October 2025.

The PSPO will be supported by a communications campaign and signage to make those who live, work and enjoy the open spaces aware of the requirements of the Order.

Yes, many other local government authorities have already implemented PSPOs for dog control, including neighbouring councils North Northamptonshire Council, Bedford Borough Council and Rugby Borough Council.

Yes, we will let people know about the PSPO through a range of communications including:

• information available on West Northamptonshire Council’s website
• a notice displayed in libraries or other Council buildings
• press releases will be issued to the media
• information will be published on West Northamptonshire Council’s social media platforms, including Facebook and Twitter
• signage will be placed on street lighting columns and in area where the PSPO will impact including play areas, bowling greens, cemeteries etc.
• information will be included in the new West Northamptonshire Council residents e-newsletter, Members and Parish briefing
• Parish and Town Councils will be asked to share information with residents, clubs and organisations in their area

PSPOs can be challenged under S66 of the Anti-social Behaviour, Crime and Policing Act 2014 on the grounds that the local authority did not have the power either to make the Order or include particular prohibitions or requirements, or that proper processes had not been followed as prescribed by the legislation. Challenges must be made to the High Court within six weeks of the Order being made, and by an individual who lives in, regularly works in or visits the restricted area.

Please get in touch explaining your query: either by email to  [email protected] quoting ‘Public Space Protection Order for dog control and prohibition of smoking’ in the subject line or call 0300 126 7000 during office hours – Monday to Friday 9am to 5pm.