Notice of new Public Space Protection Order

15 October 2019
PSPO introduced covering north of borough

On Thursday 10 October 2019, the London Borough of Waltham Forest considered and introduced a new Public Space Protection Order (PSPO). This PSPO was introduced after public consultation and signed off by Cabinet. Below you will find information on:

  • the contents of the new PSPO
  • the area it covers
  • Penalties for breaching the new PSPO
  • Options for legally challenging the new PSPO
  • How to report breaches of the new PSPO

You will see references to ‘authorised persons’ or ‘authorised officers’; this term refers to people employed by the Council (such as ASB, housing or neighbourhood officers, parking officers, or people the Council have delegated authority towards, such as safety and security contractors.

Contents

The new PSPO is written to tackle the following offences:

  1. Failing to cease consuming alcohol or failing to surrender any unsealed containers which are reasonably believed to contain alcohol, when required to do so by an Authorised Officer in order to prevent public nuisance, anti-social behaviour or disorder
  2. Begging in an aggressive or intimidating manner
  3. Behaving in a manner which is likely to cause harassment, alarm or distress
  4. Urinating, defecating, spitting or littering in a public place
  5. Parking or otherwise causing a motor vehicle to stop on zig zag marking outside school premises during operative hours

The PSPO also states any authorised person can instruct someone to leave an area if they are believed to be breaching the PSPO by:

  1. consuming alcohol in the manner described in paragraph (a) above
  2. by behaving in a manner which is likely to cause harassment, alarm or distress
  3. Begging in an aggressive or intimidating manner

Area covered by the new PSPO

In simple terms, the new PSPO covers the whole of the Borough north of the line created by the A406. A separate PSPO in already in place on all part of the Borough to the South of the A406. The Wards and areas covered by the new PSPO are shown below.

Penalties for breaching PSPO

A police constable, or an authorised person, may under section 68 of the 2014 ASB Crime and Policing Act issue a fixed penalty notice not exceeding £100 to anyone he or she has reason to believe has committed an offence under section 67 in relation to this Order.

Failure without reasonable excuse, to comply with the prohibitions or requirements imposed by this Order, is a summary offence under section 67 of the Antisocial Behaviour Crime and Policing Act 2014. A person guilty of an offence under section 67 is liable on summary conviction to a fine not exceeding level 3 on the standard scale (£1,000).

Legal challenge

PSPOs can be challenged under the ASB Crime and Policing Act, 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 (The ASB Crime and Policing Act 2014).

Challenges to the introduction of this new PSPO must be made to the High Court within six weeks of the Order being made (in this case by Friday 13 December 2019) and by an individual who lives in, regularly works in, or visits the restricted area.

The High Court can uphold, quash or vary the PSPO and may decide to suspend the operation of the PSPO pending the verdict. As with all orders and powers, the making of a PSPO can be challenged by judicial review on public law grounds within three months of the decision or action subject to challenge.

How to report a breach

If you have witnessed behaviour you believe may be a breach of the new PSPO, please use the online reporting tool which can be found here