BAGWORTH & THORNTON PARISH COUNCIL
PUBLIC SPACE PROTECTION ORDER CONSULTATION
Please complete consultation at www.hinckley-bosworth.gov.uk/pspo19
Bagworth & Thornton Parish Council is considering introducing a Public Space Protection Order (PSPO) alongside the PSPO already enforce for the whole Borough enforced by Hinckley & Bosworth Borough Council. The order will look to enforce dogs on leads in church yards/grounds, horse riding and the use of motorised vehicles in public open spaces and the banning of dogs from enclosed children's play areas.
A PSPO is a new measure, created by the Anti-Social Behaviour, Crime and Policing Act 2014, which is intended to deal with any particular nuisances or problems in a defined area that are detrimental to the quality of life of the local community. This is done by imposing restrictions on the use of that area; these restrictions apply to all who use the piece of land. The aim is to prevent individuals or groups committing antisocial behaviour in public spaces.
Authorised officers from Street Scene Services will lead the enforcement of dog related breaches i.e. dog fouling & park restrictions. Police and trained council staff are able to issue Fixed Penalty Notices of up to £100 (with a reduced amount of £80.00 if payment is made within 10 working days) or prosecute any individual who fails to comply with a PSPO. A breach of the PSPO is a criminal offence and the individual(s) would be liable to a maximum penalty of £1,000.00.
The maximum duration of a PSPO is three years, before expiry a review of the restriction will take place to see if the issues are still causing a nuisance. Further consultation may be necessary if new issues are to be added to the order.
Hinckley & Bosworth's PSPO will include the following Borough wide restrictions, meaning Parish land will already be included under this order for the following:
• replace existing "No Drinking" order
• the use of intoxicating substances (which include alcohol, and what are commonly referred to, as legal highs and emerging drugs). The Council can fine for any breaches of this restriction
• dog fouling on public land throughout the whole of the Borough.
• keep dogs on a lead, in specified areas - Under the PSPO, the council could insist that dogs are kept on leads at all times in the following areas; a highway, carriageway, cycle lane, footway, footpath, maintainable at the public expense, any grass verge managed by the Local Authority and which is adjacent to the carriageway or footway of a highway, including gutters and adjoining footpaths (this excludes footpaths within HBBC parks and open spaces). The Council can issue a fine for breaches of this restriction.
Parks & Open Spaces
The Parish Council's key aim is to create a vibrant place to work and live. Two key priorities to deliver this aim are to provide clean neighbourhoods and to protect and improve our parks and open spaces.
A recent public consultation carried out by Hinckley & Bosworth Borough Council, focusing on green spaces, identified the most important elements to users were keeping our parks clear of dog fouling, ensuring that dogs are kept under control and personal safety.
Central Government is proposing a 'blanket ban' on all legal high production, importation and supply in the form of a Psychoactive Substance Bill; however, this bill does not address possession and usage of these drugs. New psychoactive substances (so-called 'legal highs') frequently contain substances that are not legal and cannot be assumed safe. New psychoactive substances have become a particular concern in recent years with supply and demand increasing. The availability of these substances, especially over the internet and in 'head shops', has radically changed the nature of the drugs market.
Since January 2015 the Parish Council and the Hinckley Endeavour Team have noticed a significant increase in the littering of canisters (whippets) that contain nitrous oxide, otherwise known as legal highs, where the substance is inhaled. Now, in light of the on-going nuisance of litter and anti-social behaviour connected with the usage of legal highs the council wishes to use the PSPO to effectively ban the use of 'legal highs' in specific hotspots in the Parish.
The PSPO would contain the following prohibition: 'Person(s) within this area will not ingest, inhale, inject, smoke, possess or otherwise use intoxicating substances. Intoxicating substances is given the following definition (which includes alcohol and what are commonly referred to as legal highs): Substance with the capacity to stimulate or depress the central nervous system.
The restrictions on alcohol would not apply to licensed premises and the prohibition does not include smoking cigarettes.
Anyone in breach of the order would be committing a criminal offence and could receive a Fixed Penalty Notice or face a fine in court. Police and council enforcement officers would have the power to seize the intoxicating substances.