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Public Space Protection Order (PSPO) consultations

What we are consulting on

We would like your views on renewing two Public Space Protection Orders (PSPOs) that prohibit street drinking associated with anti-social behaviour. The PSPOs would last for 3 years until September 2027.

These PSPOs would give powers to confiscate alcohol from a minority of people whose excessive drinking causes problems for others in public spaces. Under the Anti-Social Behaviour Crime and Policing Act 2014 we have the power to create a Public Space Protection Order.

Background

There have been extra police powers to restrict public drinking, where it may affect public order or safety, for many years. Under Section 13 of the Criminal Justice Act 2001, we implemented Designated Public Space Orders (DPPOs) in Bath in 2004, and Midsomer Norton town centre in 2014. These gave police officers discretionary powers to require a person to stop drinking, and confiscate alcohol (either open, or still sealed) from anyone consuming, or about to consume, alcohol in public places covered by the Order.

Following the Anti-Social Behaviour Crime and Policing Act 2014, we replaced these DPPOs with PSPOs: a new provision, lasting three years, which gives police the same powers to control problem drinking in public.

After periods of public consultation, PSPOs came into force for Bath and Midsomer Norton town centre on 20 October 2017, and were renewed for a further three years on 9 September 2021. These Orders are due to expire later this year, so we are giving you an opportunity to have your say on whether we should renew them.  

Areas affected

Bath City

Midsomer Norton

To view in greater detail exactly where the zone boundaries are, you can scroll, use the +/- tools, or use two fingers to move the map (if using a touchscreen).

The purpose of the PSPOs

PSPOs are designed to ensure people can use and enjoy public spaces without experiencing anti-social behaviour. These extra powers are not intended to disrupt peaceful activities and are used explicitly for addressing nuisance or annoyance associated with the consumption of alcohol in a public place.

It is not a criminal offence to consume alcohol within a designated area. An offence is only committed if the individual refuses to comply with an authorised officer’s request to stop drinking.

A PSPO doesn't restrict drinking in pubs or other licensed premises. This is because licensing law already includes safeguards against nuisance and anti-social behaviour.

These Orders are effective across all land to which the public have access within the designated areas. Alcohol related anti-social behaviour can quickly escalate and have a significant and lasting impact upon communities. Whilst most residents, visitors or people living and working in BANES drink socially and behave responsibly, their right to enjoyment of our public spaces can be threatened by those who behave in an anti-social manner.

Enforcing the PSPOs

We will work in partnership with the police to ensure the effective enforcement of the PSPO.

Warning You may get an instant Fixed Penalty Notice (FPN) of £100 if you break a PSPO. If you don’t pay this fine within the time limit, we could take you to court. You may then have to pay a level 3 fine (up to £1,000), if you’re convicted.

Why we are consulting

We are currently reviewing the PSPO and would like to hear your views on any aspects of the proposals. We are proposing that the PSPO lasts for a three-year period until 17 September 2027.

Who we are consulting

The consultation is open to all, but we would especially encourage local people, businesses or groups affected by the PSPO, and visitors to BANES to respond.

Have your say

Please read the Equality Impact Assessment and the proposed orders before giving us your views.

Online

Bath City

View the draft Public Safety Protection Order for Bath City

Respond to the consultation (Bath City)

Midsomer Norton

View the draft Public Safety Protection Order for Midsomer Norton

Respond to the consultation (Midsomer Norton)

By email

View our survey questions and email your responses to Community_Safety@bathnes.gov.uk.

If you have any questions about this consultation or need any of this information in an alternative format, please email the Community Safety team at Community_Safety@bathnes.gov.uk, or contact Council Connect on 01225 394041

The consultation closes at 5pm on Friday 16 August.

If you’re sending your feedback by post, please allow up to a week for us to receive it before the closing date.

We will collate and consider all views before making a final decision.