LGA issues guidance on introducing Public Space Protection Orders
The Local Government Association has issued guidance on the issues local areas should consider where they are contemplating introducing a Public Space Protection Order (PSPO).
PSPOSs were introduced in 2014 and are intended to ensure public spaces can be enjoyed free from anti-social behaviour. However, they have proved controversial in some cases, particularly where they have provisions in relation to rough sleeping.
The guidance, which can be viewed here, covers:
- Legislative background.
- Overview of PSPOs.
- Using PSPOs: choosing the right tool.
- Introducing a PSPO: activity subject to an order – overview; appropriate restrictions; limitations; area subject to an order; displacing behaviour; order exemptions; assessing potential impact and the Equality Act 2010; duration of PSPOs.
- Supporting evidence and consultation: consultation approaches; additional requirements for PSPOs restricting public rights of way; consultation outcomes; further evidence.
- Political accountability, scrutiny and sign-off.
- Enforcement and implementation: enforcement protocols; fixed penalty notices; publication and communication; legal challenge; extension, variation and discharge; existing designated public place orders, gating orders and dog control orders; evaluating impact.
The LGA said its guidance should be read in conjunction with the Home Office’s statutory guidance on the Anti-social Behaviour, Crime and Policing Act 2014.