Public Spaces Protection Orders

Public Spaces Protection Order: Eagle Brewery Wharf 2020

Anti-social behaviour in Eagle Brewery Wharf and the immediate vicinity has had a detrimental effect on the quality of life of those living and working in the locality.  Kingston Council and the Police have been working with local residents and businesses to establish the needs of the community and identify ways to address the antisocial behaviour. 

Following extensive review and consultation, the Council in exercise of its powers under Section 59 of the Anti-social Behaviour, Crime And Policing Act 2014 Act has made the Royal Borough of Kingston upon Thames (Eagle Brewery Wharf) Public Spaces Protection Order (PSPO) 2020.  The PSPO will tackle anti-social behaviour at Eagle Brewery Wharf and in the immediate vicinity by imposing conditions on the use of the area. 

The Order was made on 7 September 2020 and all its provisions came into force on 8 September 2020, with the exception of those relating to the public consumption of alcohol, which will come into force on 21 October 2020.

The full text of the final Order is available here.

Summary of the restrictions the order will impose 

The PSPO will tackle anti-social behaviour at Eagle Brewery Wharf and in the immediate vicinity, shown edged red on the Plan (the Restricted Area), now and in the future by imposing conditions on the use of the area. 

The Conditions are : 

Noise from Loudspeakers – Article 5

The Order prohibits the operation of a loudspeaker within the Restricted Area: -

  1. between 2100 hours and 0800 hours the following morning for any purpose; and

  2. at any other time, where it causes, or is likely to cause, nuisance or annoyance to any other person. 

The prohibition does not apply to the operation of loudspeakers for certain purposes including use by the emergency services, or where the Council has licensed the use.

A loudspeaker is defined to include any equipment or apparatus designed to amplify the volume of any sound, including any loudspeaker etc. in, or fixed to, or powered from, or otherwise attached to a motor vehicle or motorcycle.

Where an enforcement officer reasonably believes the prohibition has been breached s/he may by direction require the loudspeaker, or any item to prevent its operation, to be surrendered.

There are certain safeguards on the imposition such a requirement including: -

a. The direction must be given in writing, unless that is not reasonably practicable.

b. the person must be advised that failing without reasonable excuse to comply with the direction is an offence, and

c. information must be given in writing about when and how the surrendered property may be recovered and that anything surrendered which is not claimed within 28 days may be destroyed or otherwise disposed of.

It is a criminal offence for a person without reasonable excuse to breach the prohibition and/or to fail to comply with a requirement to which is imposed.  On summary conviction, the court may impose a fine of up to £1,000 (Level 3 on the standard scale)

Public Consumption of Alcohol – Article 6

The Order prohibits the consumption of alcohol within the Restricted Area so as to cause, or be likely to cause, nuisance or annoyance to any other person. 

The Order excludes certain premises etc. from the application of the prohibition where alcohol restrictions are already in place under licensing laws.

Where an enforcement officer who reasonably believes a person has been drinking alcohol, in breach of the prohibition, or intends to drink alcohol where to do so would be a breach, s/he may require the person: -

  1. not drink any alcohol, or anything the officer reasonably believes to be alcohol in breach of the prohibition; and/or

  2. to surrender anything in his/her possession which is, or which the officer reasonably believes to be, alcohol or a container for alcohol.

There are certain safeguards on the imposition of the requirements including : -

a. he person must be advised that failing without reasonable excuse to comply is an offence, and

b. if the officer is not a constable, or police community support officer, s/he must produce evidence of his/her authority 

Anything surrendered may dispose in whatever way the enforcement officer thinks appropriate.

The Breach of the prohibition on drinking is only an offence when an individual does not cease drinking, or surrender alcoholic drinks when required to do so, when challenged by an enforcement officer.  In this way, officers are able to exercise discretion in each situation.  Where there is no threat of anti-social behaviour, they need not challenge the individuals, for example a family picnic with a bottle of wine.

It is a criminal offence for a person without reasonable excuse to fail to comply with a requirement to cease drinking, or surrender alcohol in the Restricted Area.  On summary conviction, the court may impose a fine of up to £500 (Level 2 on the standard scale)

Public consumption of psychoactive substances -– Article 7

The Order prohibits the consumption, or possession of, a psychoactive substance within the Restricted Area.  These substances are often referred to as "legal highs” and include nitrous oxide. 

Where an enforcement officer reasonably believes a person is, or has been consuming, or is in possession of a psychoactive substance, in breach of the prohibition, or intends to consume a such substance where doing so would be a breach, the officer may require the person—

  1. not to consume the psychoactive substance or anything which s/he reasonably believes to be such a substance; and/or 

  2. to surrender anything in that person’s possession which is, or which the officer reasonably believes to be, a psychoactive substance or a container for a psychoactive substance.

There are certain safeguards on the imposition of the requirements including: -

  1. the person must be advised that failing without reasonable excuse to comply is an offence, and

  2. if the enforcement officer is not a constable, or police community support officer, s/he must produce evidence of his/her authority 

Anything surrendered may dispose in whatever way the enforcement officer thinks appropriate.

It is a criminal offence for a person without reasonable excuse to breach the prohibition or to fail to comply with a requirement to which is imposed.  On summary conviction, the court may impose a fine of up to £1,000 (Level 3 on the standard scale) 

Unauthorised Obstruction of rear of 38-46 High Street – Article 8

The Order prohibits the unlawful obstruction (including by parking) of any motor vehicle, motorcycle or pedestrian lawfully accessing the area to the rear of 38-46 High Street, Kingston upon Thames shown cross-hatched on the Order Plan of the Restricted Area.

Where a person is obstructing the Cross-Hatched Area in breach of the prohibition an authorised person may require that person remove forthwith from the Restricted Area, the motor vehicle, motorcycle or any other thing obstructing the Cross-Hatched Area.

There are certain safeguards on the imposition of the requirements including: -

a. the person must be advised that failing without reasonable excuse to comply is an offence, and

b. if the officer is not a constable, or police community support officer, s/he must produce evidence of his/her authority 

It is a criminal offence for a person without reasonable excuse to breach this prohibition or to fail to comply with a requirement which is imposed.  On summary conviction the court may impose a fine of up to £1,000 (Level 3 on the standard scale)

Prohibition on Urination and Defecation  – Article 9

The Order prohibits urination or defecation without reasonable excuse on or within the Restricted Area.

It is a criminal offence for a person without reasonable excuse to breach this prohibition.  On summary conviction the court may impose a fine of up to £1,000 (Level 3 on the standard scale).

Prohibition on anti-social behaviour – Article 10

The Order includes a general prohibition on anti-social behaviour within the Restricted Area where it causes, or is likely to cause, nuisance or annoyance to any other person.

It is a criminal offence for a person without reasonable excuse to breach this prohibition.  On summary conviction, the court may impose a fine of up to £1,000 (Level 3 on the standard scale).

Requirement to provide Name and Address – Article 11

Where an enforcement officer reasonably believes a person has breached any of prohibitions or requirements imposed by Articles 5 to 10 s/he may require that person to give his or her name and address to the enforcement officer.

There are certain safeguards on the imposition of the requirement including: -

  1. the person must be advised that failing to give his or her name and address without reasonable excuse or giving a false or inaccurate name or address in response to a requirement is an offence, and

  2. if the enforcement officer is not a constable, or police community support officer, s/he must produce evidence of his/her authority 

It is a criminal offence for a person without reasonable excuse to fail to comply with a requirement to which is imposed.  On summary conviction, the court may impose a fine of up to £1,000 (Level 3 on the standard scale)

Commencement & Duration

It is intended the Order will be made on 7 September 2020 and will come into force on 8 September 2020 with the exception of the restrictions on the public consumption of alcohol.  These restrictions will come into force on 21 October 2020 when the existing transitioned PSPO restricting the public consumption alcohol in Kingston Town under the RBK Alcohol Consumption in Public Places (Kingston Town) Designation Order 2014 lapses on 20 October 2020.  This will ensure the restrictions continue to apply in relation to the Restricted Area.

The Order will last for three years before requiring a review but can be varied or discharged at any time.

Breach

The failure to comply with the prohibitions and/or the imposed requirements is a criminal offence as indicated under each restriction above.

As an alternative to prosecution an Enforcement Officer may issue a fixed penalty notice (FPN) to anyone he or she has reason to believe has committed an offence under the Order.  

If the Fixed Penalty of £100 is paid within 14 days it discharges any liability to prosecution and conviction for the offence.  The penalty is automatically reduced to £60 if paid within 10 days.  If the penalty is not paid within 14 days the Council may prosecute for the offence.

Appeal

The Order may be challenged in the High Court by anyone who lives in the area or regularly visits the area.  Any challenge must be made within six weeks of the date the order is made. 

Last Modified: 20/10/2020 11:37:03