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Public Spaces Protection Orders (PSPOs)

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Update to the Kettering town centre PSPO

Updates to the Kettering Town Centre Public Spaces Protection Order (PSPO) have been approved for 2022 to 2025.

If you want to challenge or appeal the order, you can only do this on the grounds set out in section 66 of the ASB, Crime and Policing Act 2014, by emailing [email protected]ov.uk by Monday 17 October 2022.

North Northamptonshire Council, Anti-Social Behaviour, Crime and Policing Act 2014 Part 4, Section 59 Public Spaces Protection Order

North Northamptonshire Council in exercise of the power under section 59 of The Anti-Social Behaviour, Crime and Policing Act 2014 (the Act), being satisfied that the conditions set out in section 59 of the Act have been met, makes the following order:

North Northamptonshire Council (referred to hereafter as “the Council”) hereby makes the following Public Spaces Protection Order (PSPO) that applies to any place to which the public have access within the area shown and edged black on the plan annexed to this order (the Prohibition Area) unless otherwise specified.

1. Public Spaces Protection Order (PSPO)

a) Control of commercial or charity collection or soliciting for money in the street.

Any person is prohibited, at any time, when within the Prohibition Area from, engaging in or knowingly causing or permitting the collection or soliciting of money (commercial or charity and whether by way of immediate payment or the seeking of a standing order or direct debit authority) unless they are in possession of a written authorisation for Face to Face Fundraising issued by the Council.

b) Consumption of alcohol on street

Any person within the Prohibition Area is prohibited from, at any time, consuming alcohol or having an open alcohol container after having been requested by an Authorised Officer to cease consumption or hand over the container, unless subject to exemptions listed in item 4.1 below.

c) Those in the area between the hours of 11pm and 6am whose behaviour is causing, or is likely to cause nuisance, alarm or distress to the local community.

Any person present between the hours of 11pm and 6am (“the relevant hours”) in public areas of the Prohibition Area (being an area to which the public ordinarily have access between those times whether or not a business owner can exclude access) and whose behaviour is causing, or is likely to cause, nuisance, alarm or distress to the local community, must leave the Prohibition Area when requested by an Authorised Officer, or return to and remain in that person’s place of residence if such residence is situated within the Prohibition Area, and any such person shall not again be present in the public area for the duration of the relevant hours.

Any person subject to a requirement under this provision to leave the area must comply with any such direction forthwith. No person shall knowingly or recklessly cause, permit or encourage any such person subject to a direction under this provision to fail to comply with such a direction.

d) Driving or using a car in an anti-social manner

A person in charge of a motor vehicle in the Prohibition Area must not allow, cause or permit the:

  • Running of the engine in such a manner that causes or is likely to cause a noise nuisance;
  • Playing of music in the motor vehicle at such a level that causes or is likely to cause a nuisance;
  • Behaving in a way likely to cause harassment alarm or distress to any person present at the time of the behaviour (including an Authorised Officer)
  • Driving the vehicle in a manner that causes or is likely to cause harassment alarm or distress to any person (including an Authorised Officer)

e) Obstructing the highway or loitering

Any person is prohibited from causing or permitting an obstruction on the carriageway of a street in the Prohibition Area after having been requested to remove the obstruction from the carriageway by an Authorised Officer.

f) Anti-social parking

Any person or registered keeper of a motor vehicle in the Prohibition Area is prohibited from parking such that the side of the vehicle is adjacent to another motor vehicle parked parallel to the traffic direction (the Double Parking Prohibition)

g) Unauthorised distribution of printed material or leaflets

Any person is prohibited from distributing free printed matter in a council car park within the Prohibition Area without being in possession of an authorisation from the council.

h) Use of skateboards, bicycles and scooters

Any person is prohibited from, at any time using a skateboard, bicycle, scooter or similar wheeled conveyance in such a manner that causes, or is likely to cause, nuisance, alarm or distress in the Prohibition Area.

i) Begging on the Street

Any person on a street in the Prohibition Area is prohibited from, at any time, placing themselves in a position to beg or solicit money. 

j) Foul and abusive language

Any person in the Prohibition Area is prohibited from swearing, or shouting, in a manner that causes or is likely to cause harassment alarm or distress to any person present at the time (including an Authorised Officer)

2. Definitions

a) Authorised Officer means a Police Constable a Police Community Support Officer or an officer of North Northamptonshire Council in possession of an authority to enforce this order
b) Plan means the plan annexed to this order
c) Carriageway means 'The part of a road intended for vehicles rather than pedestrians'
d) Scooter means 'conveyance consisting of a footboard mounted on two wheels and a long steering handle, propelled by resting one foot on the footboard and pushing the other against the ground' or any other variation of the same designed or adapted for similar purpose, whether having a handle or otherwise.

3. Period for which the order has effect

This Order shall come into force on Wednesday 31 August 2022 and remain in place for a period of three years.

4. What happens if you fail to comply with this order?

If a person does anything that is lawfully prohibited by the this order, or fails to do something lawfully required by it, he commits an offence under section 67 of the Anti-Social Behaviour Crime and Policing Act 2014 punishable by a level 3 fine being the sum of £1,000, Alcohol will be punishable by a level 2 fine being the sum of £500, on the date of this order unless he has a reasonable excuse save that consumption of alcohol is not an offence unless the requirements of clause 4.1 (a) have been complied with.

4.1 If an Authorised Officer reasonably believes that a person is, or has been, consuming alcohol in the area covered by this order or intends to consume alcohol in such place or is in possession of an open container of alcohol in such place, the Officer may:

a) require the person not to consume alcohol
and
b) require the person concerned to surrender anything in his possession which is, or which the Officer reasonably believes to be, alcohol or a container of alcohol.

5. Exemptions

A prohibition in this order on consuming alcohol does not apply to licensed premises as defined in section 62 of the Anti-Social Behaviour Crime and Policing Act 2004.    

Signed: Iain M Smith
Iain M Smith, Assistant Director of Regulatory Services
Dated: 31 August 2022      

Information (not part of the order)

1. Fixed penalty

A constable or authorised person may issue a fixed penalty notice to anyone he or she
believes has committed an offence. A person committing an offence will have 14 days
to pay the fixed penalty of £100.00, failing which you may be prosecuted.

2. Appeals

Any challenges to this order must be made in the high court by an interested person within six weeks of it being made. An interested person is someone who lives in, regularly works in, or visits the restricted area. This means that only those who are directly affected by the restrictions have the power to challenge. The right to challenge also exists where an order is varied by the Council.

Interested persons can challenge the validity of this order on two grounds: that the Council did not have power to make the order, or to include particular prohibitions or requirements; or that one of the requirements of the legislation, for instance consultation, has not been compiled with.

When application is made the High Court can decide to suspend the operation of the order pending the court's decision, in part or in totally. The High Court has the ability to uphold the order, quash it, or vary it.

Map

Kettering town centre PSPO map

Last updated 02 September 2022