Alcohol PSPO

PUBLIC SPACE PROTECTION ORDER

ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014

EREWASH BOROUGH COUNCIL

Erewash Borough Council (“the Council”) exercises its powers under Section 59, 64 and 72 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act”) and under all other enabling powers, hereby makes the following Order:

This Order shall come into force on 29 November 2023 and shall have an effect for 3 years thereafter, unless extended by further order under the Council’s statutory powers.

This Order relates to the land described in the Schedule and as shown edged [red] on the attached plans (“the Restricted Area”).

The Council is satisfied that the conditions set out in Sections 59, 64 and 72 of the Act have been fulfilled and that it is in all the circumstances expedient to make this Order for the purpose of reducing anti-social behaviour in the Restricted Area. The Council makes the Order because anti-social behaviour in the Restricted Area has had a detrimental effect on the quality of life of those in the locality. The effect or likely effect of this is, or is likely to be, of a persistent or continuing nature as to make this unreasonable, and justifies the restrictions imposed by this Order.

If any interested person who wishes to challenge the validity of this Order, on the grounds that the Council did not have the power to make the Order or that any requirement of the Act has not been complied with in relation this Order, may apply to the High Court within six weeks from the date upon which this Order is made.

Prohibitions

The activities which are to be prohibited are:

1. The consumption of alcohol within the Restricted Area in breach of an authorised person’s request to cease consumption; and

2. Having a sealed or unsealed container of alcohol or a container which is reasonably believed to contain alcohol within the Restricted Area in breach of an authorised person’s request to surrender the alcohol or container.

Exemptions

Nothing in Prohibition 1 shall apply to:

(a) Premises (other than council-operated licensed premises) authorised by a premises licence to be used for the supply of alcohol;

(b) Premises authorised by a club premises certificate to be used by the club for the supply of alcohol;

(c) A place within the curtilage of premises within paragraph (a) or (b) above;

(d) Premises which by virtue of Pt 5 of the Licensing Act 2003 may at the relevant time be used for the supply of alcohol or which, by virtue of that Part, could have been so used within 30 minutes before that time;

(e) A place where facilities or activities relating to the sale or consumption of alcohol are at the relevant time permitted by virtue of a permission granted under s115 of the Highways Act 1980 (highway-related uses);

(f) Council-operated licensed premises when the premises are being used for the supply of alcohol or within 30 minutes after the end of a period during which the premises have been used for the supply of alcohol.

Authorised Person

An authorised person could be a Police Constable, Police Community Support Officer or Council Officers and must present their authority upon request.

Offences

1. Any person who, without reasonable excuse, fails to comply with this Order commits an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.