Borough-wide Public Spaces Protection Order - Town Centres, Parks and Open Spaces
Following public consultation, Basildon Borough Council has approved the implementation of a borough-wide Public Spaces Protection Order (PSPO) to tackle Anti-Social Behaviour (ASB).
The PSPO will prohibit ASB concerning alcohol and substance use, urination and defecation, use of motor vehicles, pony and traps, and car cruising. The PSPO has been designed to ensure you can use and enjoy public spaces without experiencing ASB associated with the above.
The PSPO will be in force from 1 April 2022 until midnight on 31 March 2025 and will provide additional powers to authorised officers to enforce the prohibitions within the order, supporting our partners in tackling these issues, to make the borough a safer place for all.
Public Spaces Protection Orders are intended to deal with a particular nuisance or problem in a specific location that is negatively affecting the community's quality of life, by imposing conditions on the use of that area in order to tackle anti-social behaviour (ASB) to ensure we can all use and enjoy public spaces.
They are designed to ensure the law-abiding majority can use and enjoy public spaces without experiencing ASB and apply to everyone.
The Public Spaces Protection Order imposes conditions on the use of identified areas in order to tackle anti-social behaviour across the borough. The PSPO provides additional powers to enforce the prohibitions, the penalties for which are as follows:
- Breach of a PSPO is a criminal offence subject to, up to a level three fine on prosecution (up to £1,000).
- A Fixed Penalty Notice can be issued for £100 for failing to comply with an officer's request to stop drinking or hand over the alcohol.
- Payment of the Fixed Penalty Notice discharges liability to conviction for the offence.
- The Police will work in partnership with the council to ensure the effective enforcement of the proposed PSPO.
The following activities will be prohibited by the order:
- The PSPO gives the police and authorised offficers of the council borough-wide powers to confiscate alcohol from a minority of drinkers whose excessive drinking causes problems for others in public spaces.
- The PSPO makes it an offence to consume or have an open container of alcohol in the locations identified in Schedule 2 of the order.
- Failing to surrender a container of alcohol, and failure to comply with a direction not to consume alcohol when asked to do so by an authorised person.
- The PSPO makes it an offence to use illegal drugs or psychoactive substances.
- The PSPO makes it an offence to urinate and defecate in a public place unless such a place is a serviced public convenience.
- The PSPO makes it an offence to use a motor vehicle in any of the locations identified at Schedule 3 of this order, without reasonable excuse or express permission of the council.
- The PSPO makes it an offence to use a pony and trap in any of the locations identified at Schedule 4 of this order.
- The PSPO makes car cruising an offence in any of the locations identified at Schedule 5 of this order, including; participating or encouraging participation, congregating to watch or attending to supply or sell to those present any food, drink, goods or services.
A person who is believed to have engaged in a breach of this order is required to give their name and address to a police officer, police community support officer or other authorised person designated by the council.
If you would like to report anti-social behaviour relating to the Public Spaces Protection Order (PSPO), please do so by clicking on the link below:
If you would like to report anti-social behaviour relating to any other matter please use either of the following options:.
Reporting ASB to Basildon Council - Report Anti-Social Behaviour
Reporting ASB to Essex Police - Report a crime
In an emergency, please always dial 999.
If an authorised officer reasonably believes a person has breached the prohibitions within the Public Spaces Protection Order (PSPO) they could be issued with a Fixed Penalty Notice (FPN).
Payment of the fine is a way to agree that an offence was committed without the need for any further action to be taken. The alternative, if the fine is unpaid, will be a court case which could recover the amount of the fine plus the costs of the case.
An individual cannot appeal against a FPN as there is no formal procedure, an appeal would be part of court action. However, representation can be made to us explaining why you don't agree that you committed the offence. A representation must be made within seven days of the FPN being issued, otherwise it will not be considered.
When a representation is received the following letters will be sent:
- Acknowledgement that it has been received
- The outcome once the decision has been made
If we agree with your representation:
- The fine will not need to be paid
- No further action will be taken
- No further letters will be received
If we disagree and the FPN is upheld the fine will need to be paid in accordance with the original payment terms, including the opportunity to pay the charge at the discounted rate. This will apply from the date of the letter notifying the person of the result of the outcome.