Public Space Protection Orders (PSPOs) deal with nuisances or problems in particular areas that impact the local community’s quality of life.
They deal with a particular nuisance or problem that is detrimental to the local community’s quality of life, in a specific public area.
A PSPO can cover several activities, such as dog control.
Frequently Asked Questions
A Public Space Protection Order, also known as a PSPO, is a power available under the Anti-Social Behaviour, Crime and Policing Act 2014.
An order can be used to control certain activities in a specified area if two conditions are met:
- That the activities have had or are likely to have, a detrimental effect on those in the locality.
- That the effect is, or is likely to be, persistent and continuing in nature and is or is likely to be such as to make those activities unreasonable and that restrictions are justified.
If any conditions of a PSPO are breached a Fixed Penalty Notice (FPN) of £100 can be issued. Failure to pay may lead to prosecution and being liable to a larger fine of up to £1,000.
The PSPO is intended to provide the Council with enforcement powers to address irresponsible dog control likely to have a detrimental effect on the quality of life to residents or impact on visitors to the area.
A PSPO normally lasts for 3 years but can be extended, varied or discharged during this period.
Certain restrictions and requirements contained within the PSPO apply to all open areas in the Borough.
Other restrictions and requirements are limited to defined areas and include; exclusion of dogs from enclosed playgrounds.
The PSPO covers all open, publicly accessible spaces within the borough.
A sign is placed at each entrance to enclosed play parks.
Information stickers may be placed on lampposts and street furniture where possible.
Dogs are excluded from:
- Enclosed children’s playgrounds
There are certain exemptions within the PSPO for people who are:
- registered as a blind person in a register compiled under section of the National Assistance Act 1949; or
- has a disability which affects his/her mobility, manual dexterity, physical coordination, or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which that person relies for assistance.
No, there are still many locations across the whole of the Borough where dogs can be exercised off lead.
Dogs are not permitted in enclosed children’s playgrounds even if they are on a lead, however there are exemptions for assistance dogs.
Authorised officers of the Council will enforce the PSPO (the police do have enforcement powers under the PSPO. However, it is anticipated that the Borough council will take the lead on enforcement). If an authorised officer witnesses someone breach the PSPO they will issue a £100 Fixed Penalty Notice (FPN).
It is a criminal offence to obstruct an authorised officer in their duty.
Yes. You must provide the information requested by the authorised officer as failure to do is an additional offence. If you do not provide your details when asked to do so the authorised officer may request assistance from Police.
You can be issued with a Fixed Penalty Notice (FPN) for £100 if you break the rules. If you don’t pay the penalty within 14 days you can be prosecuted. A Magistrate can give a fine of up to £1,000.
If you do not pay the FPN the Council will look to prosecute you in the Magistrates Court for breaching the PSPO where you could face an increased fine up to £1,000.
There is no appeal available when issued with a Fixed Penalty Notice (FPN), however you can make an informal challenge where you can say why you believe you should not have been given one.
If the challenge is accepted the FPN will be withdrawn, but if it is rejected you will be asked for payment of the charge as there is no further avenue of challenge to the Council.
If your challenge has been rejected and you do not make payment, the matter will progress and a prosecution pursued.
This will be heard at the Magistrates Court where you will be able to plead not guilty and present your case to the Magistrates. If the Magistrate accepts your not guilty plea, they will direct that the Fixed Penalty be quashed.
In the first instance you should make contact via email to email@example.com or in writing to Environmental Health, Tewkesbury Borough Council, Public Services Centre, Gloucester Road, Tewkesbury. Gloucestershire. GL20 5TT.
Money received from paid Fixed Penalty Notices contribute towards the cost of enforcement services across the whole Borough.