DRAFT Brackley Gate PSPO amended - currently out for consultation

The Anti-Social Behaviour, Crime and Policing Act 2014

The Erewash Borough Council Public Spaces Protection (Gating of Brackley Gate) Order 2021

Erewash Borough Council (in this Order called “the Council”) in exercise of its powers under Section 59, 64 and 72 of the Anti-Social Behaviour Crime and Policing Act 2014 (“the Act”) after undertaking a consultation as required by Section 72 of the Act hereby makes the following Order:

This Order comes into force on [insert date] for a period of 3 years thereafter, unless extended by further Orders under the Council’s statutory powers.

The Council makes this Order because anti-social behaviour, namely the anti-social use of motor vehicles and motor cycles and fly-tipping, in areas accessed from 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.

This Order relates to the land described in Schedule 1 hereto and as shown by a red line in the plans annexed to this Order (The Restricted Area) being a public place in the Borough of Erewash to which the Act applies.

BY THIS ORDER:

1. Except as provided in paragraph 7 of this Order any person travelling by motor vehicle or motor cycle, as defined under section 185 of the Road Traffic Act 1988, quad bike or mini moto, shall cease to have the right to use as a public right of way at all times on each and every day any part of the highway in the Restricted Area.

2. This Order authorises the installation, operation and maintenance of barriers for enforcing the restriction. Any person using the barriers to gain access to or from the Restricted Area shall ensure that the barriers are closed and locked immediately after they are used.

3. The responsibility for the maintenance of the barriers in the Restricted Area will lie with Erewash Borough Council, Town Hall, Ilkeston, Derbyshire.

4. The alternative route(s) for persons affected by the prohibition under this Order is described in Schedule 1 hereto and shown by a blue line on the plans.

5. 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 purposes of reducing anti-social behaviour in the Restricted Area.

6. If any interested person desires to question the validity of this Order on the grounds that the Council had no power to make it or that any requirement of the Act has not been complied with in relation to this Order, he or she may apply to the High Court within six weeks from the date on which this Order is made.

7. Exemptions

Nothing in this order shall apply to:

(a) A person who occupies any of the premises adjoining or adjacent to the Restricted Area;

(b) A person whose only or principal means of access to a dwelling is via the Restricted Area;

(c) A person whose only or principal means of access to premises used for business or recreational purposes is via the Restricted Area to be allowed access during periods when the premises are normally used for those purposes;

(d) The Police, Fire and Rescue Service or Ambulance Service acting in pursuance of their statutory powers or duties;

(e) The Council undertaking a statutory duty or in connection with maintenance work or other function of the Council;

(f) Any statutory undertaker, provider of gas, electricity, water services or communications provider requiring access to their apparatus located in the Restricted Area;

(g) A person authorised by the council;

(h) Any permitted member of an organisation authorised by the council.

8. Penalty

Any person who, without reasonable excuse, fails to comply with the requirements of this Order commits an offence under section 67 of the Act and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. Alternatively a constable or authorised person may issue a fixed penalty notice to anyone he or she has reason to believe has committed an offence under section 67.


IN WITNESS whereof the Common Seal of )
EREWASH BOROUGH COUNCIL was hereunto )
affixed on the day of Month 2022 )
in the presence of:- )



Head of Law and Governance