Order relating to street-drinking, taking psychoactive substances, urination and defecation
The Scarborough Public Spaces Protection Order 2017 was introduced on 01/07/2017. Cabinet received a report setting out consultation feedback on 12/05/20 which they recommended for approval. On 04/06/20 the council extended the order by three years.
The area was varied so that it covers Scarborough and Whitby town centre. Map links below. At any point before the expiry of the order, the council can extend it or discharge it.
You can view dog-related restrictions and PSPO on the dog walking bans in the Scarborough area page.
Area covered by the PSPO
The PSPO applies to all land:
which is open to the air (including land which is covered but open to the air on at least one side);
to which the public are entitled or permitted to have access (with or without payment); and
which is outlined in red on the plans below.
View the map of Scarborough showing the area covered by the Public Spaces Protection Order (pdf / 968 KB)
View the map of Whitby showing the area covered by the Public Spaces Protection Order (pdf / 361 KB)
The PSPO includes provisions relating to street drinking, psychoactive substances, and urination and defecation.
Street drinking
The PSPO makes it an offence to fail to comply without reasonable excuse with any requirement of a constable or authorised person;
to cease consumption of alcohol or anything which the constable or authorised person reasonably believes to be alcohol; or
to surrender anything in their possession which is, or which the constable or authorised person reasonably believes to be, alcohol or a container for alcohol;
in any area covered by the PSPO.
Psychoactive substances
A substance produces a psychoactive effect in a person if, by stimulating or depressing the person’s central nervous system, it affects the person’s mental functioning or emotional state.
The PSPO makes it an offence to fail to comply without reasonable excuse with any requirement of a constable or authorised person;
to cease consumption of a psychoactive substance or anything which the constable or authorised person reasonably believes to be a psychoactive substance; or
to surrender anything in their possession which is, or which the constable or authorised person reasonably believes to be, a psychoactive substance or a container for a psychoactive substance;
in any area covered by the PSPO.
Urinating and defecating
The PSPO makes it an offence for a person at any time to urinate and/or defecate without reasonable excuse for doing so in any area covered by the PSPO.
a) Read the extension and variation of the PSPO dated 04/06/2020 - including maps of the area (pdf / 1 MB)
b) PSPO original order (pdf / 43 KB)
Enforcement
A person guilty of an offence under the PSPO is liable on summary conviction to a fine not exceeding £500 in relation to alcohol provisions, and £1,000 in relation to all other provisions.
A fixed penalty notice may instead be issued offering the opportunity of discharging any liability to conviction for the offence by payment of the fixed penalty of £100 to the council within 14 days of issue.
Car Cruising Public Spaces Protection Order
Scarborough Borough Council imposed a Public Spaces Protection Order in 2018 in relation to car cruising. After consultation, a new order was imposed in 2021 with the same conditions as the 2018 order.
The duration of the PSPO is 3 years, and at any point before the expiry the council can extend, vary or discharge it.
Area covered by the PSPO
The PSPO applies to all land:
which is open to the air (including land which is covered but open to the air on at least one side);
to which the public are entitled or permitted to have access (with or without payment); and
which is outlined in red on the plan below.
View the full Car Cruising Public Space Protection Order and a map of the relevant area (pdf / 997 KB)
Definition of Car Cruising
‘Car Cruising’ is defined as two or more motor vehicles (including motor bikes) being on a highway or a public place, where any such vehicle or occupant of a vehicle performs any of the prohibited activities
The “Prohibited Activities” are:
causing danger or risk of injury to road users (including pedestrians);
causing damage or risk of damage to property;
speeding or racing;
performing stunts;
sounding horns or playing music so as to cause a nuisance;
using foul or abusive language;
using threatening or intimidating behaviour; or
causing obstruction (whether moving or stationary)
The Offence is
1 A person who without reasonable excuse-
Participates in Car Cruising; or
promotes, organises or publicises Car Cruising (including but not limited to via email, the internet, social media, or via any publication or broadcast medium) to take place; or
attends any meeting either as a vehicle owner, driver, passenger or spectator where a reasonable person would consider that Car Cruising was or is taking place;
on Land to which this Order applies commits an offence.
A person who is guilty of an offence under this Order shall be liable on conviction at a Magistrates Court to a fine not exceeding level 3 on the standard scale (£1,000).
A constable or authorised person may issue a fixed penalty notice to any person they have reason to believe has committed an offence under this Order.
Where a person is issued with a fixed penalty notice under this Order, the amount of the fixed penalty shall be £100.
Offences and Penalty
A person commits an offence if at any time and without reasonable excuse they engage in any activity prohibited by this Order.
A person who is guilty of an offence under this Order shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (£1,000).
A constable or authorised person may issue a fixed penalty notice to any person they have reason to believe has committed an offence under this Order.
Where a person is issued with a fixed penalty notice under this Order, the amount of the fixed penalty shall be £100.
Appeals
In accordance with section 66 of the Act, any interested person who wishes to challenge the validity of this order on the grounds that the Council did not have power to make the order or that a requirement under the Act has not been complied with may apply to the High Court within six weeks from the date upon which the order is made.
It is proposed that the PSPO will include a scheme under which certain events and activities that have been properly planned and authorised in writing by the Council can be exempted from some or all of the provisions of the PSPO.
