Consultation on Public Spaces Protection Order is underway

The Public Spaces Protection Order (PSPO) provides additional tools to address anti-social behaviour and is part of the Safer Bromley Partnership’s ongoing campaign to ensure that Bromley remains safe. The PSPO, which has been in place since 1 April 2021, places conditions on public drinking and prohibits the use of psychoactive substances and public urination and defaecation across the borough. The 4 week consultation will end on 31 January 2024.

Councillor Angela Page, Executive Councillor for Public Protection and Enforcement says, “Bromley is a safe borough and the vast majority of people drink and act responsibly, however, the PSPO allows officers to deal quickly with those who have a disregard for the peace and safety of others. The existing PSPO has worked well since it was introduced, and we are proposing to renew it for a further 3 years to retain this valuable tool. I would encourage residents to examine the detail of the proposed extension and respond to the consultation.”

If adopted, refreshed street signs will be erected where appropriate so that people using the area are aware of the PSPO restrictions that will be in place for the next 3 years. The Safer Bromley Partnership will monitor its effectiveness throughout this period.

Ends

Notes to editors:

• Bromley had 3 alcohol exclusion zones (AEZ’s) in Beckenham Town Centre, Bromley Town Centre and Penge Town Centre. These AEZ’s were originally introduced through a Designated Public Place Orders and subsequently became PSPO’s as a result of the Anti-Social Behaviour, Crime and Policing Act 2014 through transitional arrangements within the Act as of 20 October 2017.
• A report presented to the General Purposes and Licensing Committee on the 30 September 2020 (Report ES20033) provided full details on the review and the proposed amendments and consultation, and the same information was presented to the Public Protection and Enforcement PDS on the 8 December 2020 (Report CSD20116).
• The Public Spaces Protection Order wording is provided below.

Public Space Protection Order

Conditions

Part 1

On 1 April 2021 the current Public Space Protection Order came into force for a period of 3 years. The PSPO applies borough wide on 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

Part 2 - Alcohol

Preliminary

2.1 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 Article 2.1 (a) or (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.

2.2 A requirement imposed by an authorised person under Part 2 Article 2.4 below is not valid if the authorised person is asked by the person to show evidence of their authorisation and fails to do so.

2.3 A constable or authorised person may dispose of anything surrendered in whatever way they think appropriate.

Offence

2.4 A person who fails to comply without reasonable excuse with any requirements of a constable or authorised person-

a) to cease consumption of alcohol or anything which the constable 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.

Part 3 - Psychoactive substances

Preliminary

3.1 In this part of this Order "psychoactive substance" means any substance which;

a) is capable of producing a psychoactive effect in a person who consumes it; and

b) is not an exempted substance under section 3 of the Psychoactive Substances Act 2016.

3.2 For the purposes of this part of this Order-

a) 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; and references to a substance's psychoactive effects are to be read accordingly;

b) a person consumes a substance if the person causes or allows the substance, or fumes given off by the substance, to enter the person's body in any way.

3.3 A constable or authorised person may dispose of anything surrendered under Part 3 Article 3.4 in whatever way they think appropriate.

Offence

3.4 A person who fails to comply without reasonable excuse with any requirement of a constable or authorised person-

a) to cease consumption of a psychoactive substance or anything which the constable or authorised person reasonably believes to be a psychoactive substance; or

b) 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

on land to which this Order applies commits an offence.

Part 4 - Urination and defecation

Offence

4.1 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.

For media enquiries, please contact Andrew Rogers, Head of Public Affairs, on 020 8461 7670 or email Andrew.Rogers@bromley.gov.uk.