Public Space Protection Orders (PSPO)

Dog control is in place in parts of Scarborough, Filey and Whitby between 1 May and 30 September.

View map showing dog control areas

 Dog control Public Space Protection Order boundary map (pdf / 756 KB)

The Anti-Social Behaviour, Crime and Policing Act 2014 (Part 4 Chapter 2 Sections 59-75)

North Yorkshire Council (‘the council’), in exercise of its powers under the Anti-Social Behaviour, Crime and Policing Act 2014 (‘the Act’) hereby makes the following Dog Control Public Spaces Protection Order (‘the Order’).

Part 1 – General

1.1 This Order comes into force on 5 June 2025 for a period of three years.

1.2 Before the expiry of this Order the council may extend, vary or discharge it in accordance with the provisions of the Act.

1.3 In making this Order the council is satisfied on reasonable grounds that-

(a) the activities covered by this Order have been carried on in a public place within the council’s area and 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 the activities unreasonable; and justifies the restrictions imposed

1.4 The council is also satisfied that the prohibitions and requirements set out within this Order are reasonable -

(a) to prevent the detrimental effect on the quality of life of those in the locality continuing, occurring or recurring; or
(b) to reduce that detrimental effect or to reduce the risk of its continuance, occurrence or recurrence

1.5 For the purposes of this Order, a person who habitually has a dog in their possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog.

1.6 The Order enables council authorised officers, Police Constables and Police Community Support Officers to request a number of actions to be undertaken by the dog walker/owner and where appropriate and proportionate issue fixed penalty notices under this Order.

Penalty

1.7 A person who is guilty of any offence under this Order shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

1.8 An authorised person may issue a fixed penalty notice to any person they have reason to believe has committed an offence under this Order.

1.9 A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to the council.

1.10 Where a person is issued with a fixed penalty notice under this Order -

(a) no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice;
(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period

Exemption

1.11 Nothing in this Order applies to a person who -

(a) is registered as a blind person in a register compiled under section 29 of The National Assistance Act 1948; or
(b) is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which they rely for assistance; or
(c) has a disability which affects their mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which they rely for assistance

1.12 For the purpose of this Order, each of the following is a “prescribed charity” -

(a) Dogs for the Disabled (registered charity number 700454);
(b) Support Dogs (registered charity number 1088281); and
(c) Canine Partners for Independence (registered charity number 803680).

Part 2 – Fouling

Preliminary

2.1 This Part of the Order applies to all land which is within the administrative area of the council as outlined in red on the map attached at Appendix A, and which is

(a) open to the air (which includes land which is covered but open to the air on at least one side); and
(b) to which the public are entitled or permitted to have access (with or without payment).

2.2 Excepted from the description in article 2.1 is land that is placed at the disposal of the Forestry Commissioners under section 39(1) of The Forestry Act 1967.

2.3 For the purpose of this Part of the Order -

(a) placing the faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be a sufficient removal from the land;
(b) being unaware of the defecation (whether by reason of not being in the vicinity or otherwise) or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces.

Offence

2.4 If a dog defecates at any time on land to which this Part of the Order applies and a person who is in charge of the dog at that time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless-

(a) they have a reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to their failing to do so.

Fixed penalty

2.5 Where a person is issued with a fixed penalty notice for an offence under this Part of the Order, the amount of the fixed penalty is £100.

Part 3 – Seasonal prohibition

Preliminary

3.1 This Part of the Order applies to all of the land (which is in the administrative area of the council) specified below-

(a) Filey – the beach from a line drawn at 90° to the line of the coast from the southernmost point of the sea wall at Royal Parade to a line drawn at 90° to the sea wall from the northernmost side of the beach slipway which separates the Coble Landing from the Promenade.
(b) Scarborough North Bay – the beach from a line drawn at 90° to the Promenade from the top of the northernmost beach slipway at the Sands (former Corner Café) to a line drawn at 90° from the Promenade to the top of the northernmost beach slipway at the end of the existing run of chalets (on the bulge of land previously occupied by the chair lift).
(c) Scarborough South Bay – the beach from the West Pier to a line drawn at 90° to Foreshore Road from the top of the southernmost flight of steps leading to the beach at the roundabout adjacent to the underground car park.
(d) Whitby – the West Beach from the West Pier to a line drawn at 90° to the Promenade from the east side of the beach steps approximately half way along the run of beach chalets.
(e) Sandsend – the beach from the steps below the public conveniences below Sandhills to the slipway at the southern end of Bank Bottom Car Park.

Offence

3.2 A person in charge of a dog shall be guilty of an offence if, at any time during the period 1 May to 30 September inclusive in any year, they take the dog onto, or permit the dog to enter or to remain on, any land to which this Part applies unless-

(a) they have a reasonable excuse for doing so; or
(b) the owner, occupier or other person or authority having control of the land has consented (generally of specifically) to their doing so.

Fixed penalty

3.3 Where a person is issued with a fixed penalty notice for an offence under this Part of the Order, the amount of the fixed penalty is £100.

Part 4 – Year round prohibition

Preliminary

4.1 This Part of the Order applies to all of the land (within the administrative area of the council) specified below-

4.1.1 Scarborough -

(a) Granville Square
(b) The Green, Burniston
(c) Quarry Mount Park
(d) Shuttleworth Gardens
(e) Woodlands Crematorium and Cemetery

4.1.2 Whitby -

(a) Whitby (Larpool) Cemetery
(b) White Leys Playing Fields
(c) Pannett Park

4.1.3 Filey-

(a) The paddling pool and its enclosures on the Promenade at the foot of Crescent Hill
(b) The Lawns Cemetery

4.1.4 Any fenced and/or hedged and/or walled-

(a) children’s play area;
(b) tennis court;
(c) skateboard park;
(d) multi-sports areas; and
(e) any other sporting or recreational facility;

signed at its entrance(s) as a “dog exclusion area” (whether the sign uses those particular words or words and/or symbols having like effect).

Offence

4.2 A person in charge of a dog shall be guilty of an offence if, at any time, they take the dog onto, or permit the dog to enter or to remain on, any land to which this Part applies unless-

(a) they have a reasonable excuse for doing so; or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to their doing so.

Fixed penalty

4.3 Where a person is issued with a fixed penalty notice for an offence under this Part of the Order, the amount of the fixed penalty is £100.

Part 5 - Seasonal dogs on leads

Preliminary

5.1 This Part of the Order applies to all of the land (within the administrative area of the council) specified below -

5.1.1 Whitby-

(a) West Cliff Sports/Recreation Area

Offence

5.2 A person in charge of a dog shall be guilty of an offence if, at any time during the period 1 May to 30 September inclusive in any year, on any land to which this Part applies they do not keep their dog on a lead, unless-

(a) they have a reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to their failing to do so.

Fixed penalty

5.3 Where a person is issued with a fixed penalty notice for an offence under this Part of the Order, the amount of the fixed penalty is £100.

Part 6 - Year round dogs on leads

Preliminary

6.1 This Part of the Order applies to all of the land (within the administrative area of the council) specified below -

6.1.1 Scarborough -

(a) Scarborough North Bay – the Promenade from Scalby Mills Road to the Sands (former Corner Café)
(b) Scarborough South Bay – the Promenade from a line drawn at 90° from the steps directly opposite the northerly end of the Spa to a line 90° at the southerly end of the Spa Cliff Lift.
(c) Alma Square (fenced green space)
(d) Alexandra Gardens (off North Marine Road)
(e) Bracken Hill Playground
(f) Briercliffe Playground
(g) Newby and Scalby Community Hall (Sports Area)
(h) South Cliff Gardens
(i) Crescent Gardens
(j) Dean Road Cemetery
(k) Eastway Playing Fields
(l) Falsgrave Park
(m) Gallows Close Playing Fields
(n) Grosvenor Crescent Gardens
(o) Linden Road Play Area, Newby
(p) Manor Road Bowling Greens
(q) Manor Road Cemetery
(r) Merryweather Gardens, Northway
(s) The Mere (area bounded by unadopted road)
(t) Newby Farm Play area
(u) Northstead Manor Gardens
(v) Olivers Mount (Memorial)
(w) Peasholm Park and Lower Glen
(x) St Martins Square
(y) St Nicholas and Town Hall Gardens
(z) Sainsburys Play Area
(aa) Valley Road Gardens (north of Valley Road)
(bb) Valley Road Gardens (south of Valley Road)
(cc) West Square Garden

6.1.2 Whitby -

(a) The Promenade at Whitby (including the whole of Battery Parade) between Whitby Pavilion (formerly the Spa) and the western end of the beach chalets.
(b) Ellerbeck Way Playground
(c) Flowergate
(d) Formal Gardens (land between Khyber Pass and East Crescent)
(e) Ingham Play Park, Sleights
(f) Kingfisher Drive Recreation Area
(g) Linden Close, Sleights
(h) Lowdale Lane Sportsfield, Sleights
(i) Marton Court Amenity Area
(j) Nightingale Drive, Whitby
(k) Royal Crescent Gardens
(l) South Seas Gardens (Little Park)

6.1.3 Filey -

(a) The Promenade from the southernmost point of Coble Landing to the southernmost point of the sea wall at Royal Parade
(b) Crescent Gardens
(c) Evron Centre Gardens (formerly Filey Town Hall Gardens)
(d) Glen Gardens (including Mini-Golf Course)
(e) Memorial Gardens
(f) Northcliffe Gardens
(g) Southdene Bowling Green

6.1.4 The following Highways (including the carriageway and any adjoining footpaths and verges) -

6.1.4.1 Scarborough Highways -

(a) Aberdeen Walk (pedestrianised zone)
(b) Bar Street
(c) Huntriss Row
(d) Newborough
(e) Vernon Road (pedestrianised zone)
(f) Westborough

6.1.4.2 Whitby Highways-

(a) Baxtergate
(b) The Bridge
(c) Chubb Hill
(d) Church Street
(e) Flowergate
(f) Haggersgate

6.1.4.3 Filey Highways-

(a) Belle Vue Street
(b) Hope Street
(c) John Street
(d) Murray Street

Offence

6.2 A person in charge of a dog shall be guilty of an offence if, at any time, on any land to which this Part of the Order applies, they do not keep the dog on a lead, unless-

(a) they have a reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to their failing to do so.

Fixed penalty

6.3 Where a person is issued with a fixed penalty notice for an offence under this Part of the Order, the amount of the fixed penalty is £100.

Part 7 – Dogs on leads by direction

Preliminary

This Part of the Order applies to all land which is within the administrative area of the council, as outlined in red on the map attached at Appendix A, and which is;

(a) open to the air (which includes land which is covered but open to the air on at least one side); and
(b) to which the public are entitled or permitted to have access (with or without payment)

7.1 Excepted from the description in article 7.1 is land that is placed at the disposal of the Forestry Commissioners under section 39(1) of The Forestry Act 1967.

7.2 In this Part of the Order an ‘authorised officer of the council’ means a person who is authorised in writing by the council for the purpose of giving directions under this Part of the Order.

7.3 An authorised officer of the council may only give a direction under this Part of the Order to put and keep a dog on a lead if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog likely to cause-

(a) annoyance or disturbance to any other person; or
(b) the worrying or disturbance of any animal or bird;

on any land to which this Part of the Order applies.

Offence

7.4 A person in charge of a dog shall be guilty of an offence if, at any time, on any land to which this Part of the Order applies, they do not comply with a direction given to them by an authorised officer of the council to put and keep the dog on a lead of not more than two metres in length, unless-

(a) they have a reasonable excuse for failing to do so; or
(b) the owner, occupier, or other person or authority having control of the land has consented (generally or specifically) to their failing to do so.

Fixed penalty

7.5 Where a person is issued with a fixed penalty notice for an offence under this Part of the Order, the amount of the fixed penalty is £100.

We, using our powers conferred by Section's 59 and 60 Anti-Social Behaviour, Crime and Policing Act 2014 ('the Act') hereby makes the following Public Spaces Protection Alcohol Consumption, Urination and Defecation Order 2024 ('the Order') to control anti-social behaviour associated with the consumption of alcohol and urination and defecation in public spaces within the town.

Part 1 General

1.1 This Order comes into force at 0001 hours on 15 October 2024 for a period of three years.

1.2 Before the expiry of this Order we may extend, vary or discharge it in accordance with the provisions of the Act.

1.3 This Order applies to all land:

a) which is open to the air (including land which is covered but open to the air on at least one side)

b) to which the public are entitled or permitted to have access (with or without payment) and

c) which is outlined in blue and red on the maps attached as the Schedule to this Order ('the restricted area')

1.4 In making this Order we are satisfied on reasonable grounds that

a) the activities covered by this Order have been carried on in a public place within the council's area and 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 the activities unreasonable and justifies the restrictions imposed

1.5 We are also satisfied that the prohibitions and requirements set out within this Order are reasonable

a) to prevent the detrimental effect on the quality of life of those in the locality continuing, occurring or recurring or

b) to reduce that detrimental effect or to reduce the risk of its continuance, occurrence or recurrence

1.6 In making this Order we have had particular regard to the rights and freedoms of expression and freedom of assembly set out in articles 10 and 11 of the European Convention on Human Rights.

1.7 An authorised person means a person authorised in writing by the council to enforce this order.

1.8 An authorised person may, if they have delegated authority to do so, issue fixed penalty notice to any person they have reason to believe has committed an offence under this order.

1.9 Constables and Police Community Support Officers can also enforce the order, to include issuing Fixed Penalty Tickets.

Fixed penalties

1.10 A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging and liability to conviction for the offence by payment of the fixed penalty to the council.

1.11 Where a person is issued with a fixed penalty notice under this Order

a) no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice

b) the person may not be convicted of the offence if the person pays the fixed penalty in full before the end of that period

Part 2 Prohibition in relation to alcohol consumption

2.0 The consumption of alcohol is prohibited within the area edged red (the street alcohol prohibition zone). This includes any place to which the public have access, on payment or otherwise, as of right or by virtue of express or implied permission.

2.1 The consumption of alcohol in a manner that causes, or is likely to cause, harassment, alarm or distress to any person is prohibited in all public spaces in the area edged blue including any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.

2.2 The order has two enforcement regimes. The area edged red (the street drinking prohibition zone) has a total prohibition on the consumption of alcohol. The wider area edged blue only prohibits the consumption of alcohol in a manner that causes, or is likely to cause, harassment, alarm or distress.

2.3 A Constable, Police Community Support Officers or authorised person may require any person who they reasonably believe to be consuming alcohol in breach of the prohibition in paragraph 2.0 or 2.1 to cease consuming alcohol and to surrender any alcohol or anything which is reasonably believed to be alcohol in his or her possession in any open or closed container.

2.4 A requirement imposed by an authorised person under paragraph 2.3 is not valid if the authorised person is asked by the person to show evidence of their authorisation and fails to do so.

2.5 A Constable, Police Community Support Officers or an authorised person may dispose of anything surrendered under paragraph 2.3 in whatever way they think appropriate.

2.6 Premises to which alcohol prohibition does not apply

This Part of the Order does not apply to the consumption of alcohol on or in the following places

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 paragraph b

d) premises which by virtue of Part 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 section 115E of the Highways Act 1980 (highway-related uses)

f) council operated licensed premises

i) when the premises are being used for the supply of alcohol
or

ii) within 30 minutes after the end of a period during which the premises have been used for the supply of alcohol

Offence and penalty

2.7 A person who fails to comply without reasonable excuse with any requirements of a Constable, PCSO or an authorised person

a) to cease consumption of alcohol or anything which the constable, PCSO or authorised person reasonably believes to be alcohol or

b) 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

On land to which this Order applies commits an offence.

2.8 Any person who fails without reasonable excuse to comply with any requirement under paragraph 2.7 above commits an offence under section 63 Anti-Social Behaviour, Crime, and Policing Act 2014 and is liable to receive a £100 Fixed Penalty Notice or be prosecuted and fined up to £500 upon conviction by a Magistrates Court.

Prohibition and offence - urination and defecation

3.0 A person commits an offence if at any time they urinate and/or defecate without reasonable excuse for doing so on or within land to which this order applies

3.1 The offence can be committed in both the area edged red and also the area edged blue.

3.2 Any person who commits an offence under Paragraph 3.0 and s67 Anti-Social Behaviour Crime and Policing Act 2014 is liable to receive an £100 Fixed Penalty Notice or to be prosecuted and fined up to £1,000.

Challenging the validity of orders

An interested person may apply to the High Court to question the validity of

a) this order or

b) a future variation of this order.

"Interested person" means an individual who lives in the restricted area or who regularly works in or visits that area.

An appeal against this Order or a future variation of this Order may be made to the High Court within six weeks from the date on which the order or variation is made, on the grounds that:

a) North Yorkshire Council did not have power it make the order or variation, or to include particular prohibitions or requirements imposed by the order (or by the order as varied)

b) a requirement under Chapter 2 of the Anti-Social Behaviour, Crime and Policing Act 2014 was not complied with in relation to the order or variation.

 View the Scarborough Public Space Protection Order Area map here (pdf / 832 KB)

 View the Scarborough Public Space Protection Order Area - Street alcohol prohibition zone map here (pdf / 457 KB)

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.

On 15 January 2019 the Hambleton District Council approved a Public Spaces Protection Order (PSPO) for Leeming Bar Industrial Estate and surrounding area.

This was varied by full council on 25 February 2020, and extended for a further 3 years on 22 February 2022.

•  PSPO number 1 of 2019 Leeming Bar Industrial Estate and Surrounding Areas (pdf / 2 MB)
•  PSPO number 1 of 2019 (as amended) Leeming Bar Estate and Surrounding Areas (pdf / 2 MB)
•  PSPO number 1 of 2019 (as amended) Leeming Bar Estate and Surrounding Areas (extended) (pdf / 662 KB)