Public Space Protection Order consultation

Draft Public Space Protection Order concerning street drinking

Below is the draft text for the Public Space Protection Order concerning street drinking

The Anti-social Behaviour, Crime and Policing Act 2014

 

Public Spaces Protection Order

 

South Somerset District Council – Prohibition on Street Drinking by Direction Public Spaces Protection Order 2015

 

South Somerset District Council in exercise of its powers under Section 59 and 72 of the Anti-social Behaviour, Crime and Policing Act 2014 (“the Act”) hereby make the following order:-

 

THIS ORDER is made by South Somerset District Council (“the Council) because the Council is satisfied on reasonable grounds that;

- activities carried on or likely to be carried on in a public place have had or are likely to have a detrimental effect on the quality of life of thse in the locality

- the effect or likely effect of the activities is or is likely to be, of a persistent or continuing nature,

- the effect or likely effect of the activities is or is likely to be, such as to make the activities  unreasonable, and

- justifies the restrictions imposed by the notice

 

The Public Open Space to which this order applies is all public places (areas the public or any section of the public on payment or otherwise, have access to as of right or by virtue of express or implied permission ) in the administrative area of South Somerset and is referred to as (“the restricted area”) as shown edged black on the attached plan, but does not include private Land (to which the public may have access).

 

 

This Order comes into force on (DATE TO BE CONFIRMED FOLLOWING CONSULTATION)

 

This Order applies to the public space outlined in black on the plan contained within Appendix 1 to this order (the Restricted Area)

 

 

The Requirement

 

  1. No person shall fail to stop consuming alcohol when required to do so by a Police Officer, Police Community Support Officer or an authorised officer from the Council.

 

  1. No person shall fail to surrender anything in their possession which a Police Officer, Police Community Support Officer or authorised officer from the Council reasonably believes to be alcohol or a container for alcohol when required to do so.

 

Duration of Order

This order shall remain in force for a period of three years unless extended under section 60 of the Act 2014

 

Appeal

An interested person may apply to the High Court to question the validity of this order on the ground that the local authority did not have power to make the order or that it has not complied with a requirement of the Act.  An Appeal must be made within 6 weeks of the date on which the order is made.

 

Dated …………………………………….

 

 

The Common Seal of etc

 

 

 

 

 

………………………………..

Solicitor to the Council

Thank you. You response is appreciated.

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