Public Space Protection Orders in Scarborough consultation

Find out about the proposed Public Spaces Protection Order (PSPO) in Scarborough, in relation to alcohol consumption in public places.

We are considering making a Public Spaces Protection Order (PSPO) in Scarborough, in relation to alcohol consumption in public places.

What is a Public Spaces Protection Order?

Public Spaces Protection Orders were introduced by the Anti-Social Behaviour, Crime and Policing Act 2014 and are designed to deal with a particular nuisance or problem in an area which is having a detrimental effect on the quality of life of those in the community.

When a PSPO is in place in an area, alcohol consumption in that area only becomes a criminal offence if someone refuses to stop drinking, or to hand over alcohol, when they are asked to do so by a police officer, police community support officer or an authorised council officer.

What is anti-social behaviour?

Antisocial behaviour is defined as behaving in a manner that causes, or is likely to cause, harassment alarm or distress. This can include, but is not limited to, behaving in a threatening manner, swearing loudly, shouting with no justification, jostling passers-by in the street and littering.

When can a PSPO be made?

To put a PSPO in place in an area, the council must be satisfied that:

A) The activities covered by any order have been carried on in a public place within the council’s area and that they have had a detrimental effect on the quality of life of those in the locality

and

B) The effect, or likely effect, of the activities is, or is likely to be, of a persistent or continuing nature; is, or is likely to be, such as to make activities unreasonable and justifies the restrictions imposed by the notice.

How is a PSPO used?

A key benefit of a PSPO is that it can be used to prevent and disrupt antisocial behaviour.

Agencies have a range of powers to deal with anti-social behaviour and using a PSPO is not suitable in all cases.

There are other powers and remedies that may be appropriate to other agencies. Where an individual is deemed to have alcohol misuse issues, they can be signposted to appropriate support agencies.

What happens if someone breaches the PSPO?

Councils can issue a Fixed Penalty Notice (FPN) up to £100.

Failure to pay an FPN within the required timescale may result in a prosecution for the breach of the order to a maximum penalty of £500 on summary conviction.

Background in Scarborough

In 2017, following consultation, the former Scarborough Borough Council approved a PSPO for a designated area of Scarborough which took effect from July 1 2017.

In 2020, further consultation was undertaken and the PSPO was renewed and expired in June 2023.

The order was not a blanket ban on drinking in public places but rather the restrictions were linked with antisocial behaviour or the potential for antisocial behaviour.

In recent years there have been consist complaints from Scarborough residents relating to these issues and the majority relate to Scarborough town centre.

In the period 10 January 2021 to 10 January 2024, North Yorkshire Police data indicates 1191 incidents of antisocial behaviour linked to alcohol within the proposed PSPO area. Of this number, 715 incidents occurred within the proposed ‘hotspot’ area, accounting for 66.57% of the total.

We believe this indicates the requirement for a more rigorous approach may be appropriate.

We encourage the public to complete the survey and state whether they agree or disagree with the proposals, to offer any further comments or suggestions, and share experiences of alcohol related disorder/anti-social behaviour.

Survey results will be analysed and shared with council officers and councillors to inform their discussions and decision making around creating the PSPO, and in determining an enforcement policy.

Proposals

Alcohol Consumption

We are seeking the public’s views on two proposals for a PSPO in Scarborough:

Proposal 1

Place restrictions on drinking alcohol in the street, when drinking alcohol is contributing towards antisocial behaviour, or likely to do so. Antisocial behaviour can include, but is not limited to, behaving in a threatening manner, swearing loudly, shouting with no justification, jostling passers-by in the street and littering.

Proposal 2

Ban drinking of alcohol in the street entirely, within a designated (hot spot) area in Scarborough town centre, regardless of whether there is associated antisocial behaviour. In this proposal, drinking alcohol in the street in the area outside the ‘hot spot’, would still be restricted where it is contributing towards antisocial behaviour, or is likely to do so.

Neither proposal would apply to the consumption of alcohol on licensed premises. For example, if a restaurant with outdoor seating is licensed to sell alcohol, the outdoor area would not be subject to a PSPO.

Public Urination and Defecation

The council is also seeking the public’s views on whether public urination and defecation should be prohibited in Scarborough.

A Fixed Penalty ticket up to £100 could be issued for a breach and £1000 is the maximum penalty on conviction for public urination or public defecation.