Consultation launched to reintroduce PSPOs

Published: 2 February 2021

In 2017 Derby City Council introduced two Public Space Protection Order’s (PSPOs) to combat anti-social behaviour covering the city centre and a defined outer area.

The PSPOs expired after three years in December 2020 but due to feedback from key partners we are consulting on a proposal to reintroduce the PSPOs but with a minor variation.

During those three years the PSPOs have been used to improve the quality of life of Derby residents; using the powers granted only where necessary and proportionate. Our approach has always been to educate and encourage positive behavioural change rather than go straight to enforcement options and this will be the approach going forward.

We are proposing to include the following in the 2021 PSPOs:

1. Intoxicating substances: No person shall ingest, inhale, inject, smoke or otherwise use intoxicating substances in a public place, excluding alcohol, tobacco or prescription medicines.  Intoxicating substances are psychoactive substances with the capacity to stimulate or depress a person’s central nervous system and are referred to as New Psychoactive Substances (NPS).

2. Begging: No person shall beg (using either active or passive methods of obtaining alms) or ask members of the public for money in a public place.

3. Drinking alcohol: No person shall consume alcohol in a public place (excluding licensed premises) in a manner which causes a nuisance or annoyance to other persons in the locality.

4. Urinating or defecating in public: No person shall urinate or defecate in a public place (excluding public toilets).

5. Loitering if causing or are likely to cause anti-social behaviour: No person shall loiter in a public place, either as an individual or in a group, if they are causing or likely to cause anti-social behaviour.  If asked to disperse by a Police Constable, Police Community Support Officer (PCSO) or an authorised officer of the Council, that person must not return to the public place for a period of 24 hours.

The prohibition of skateboarding has been dropped from the original PSPO’s

Orders can be enforced by a police officer, police community support officer (PCSO) and delegated council officers. A breach of the order is a criminal offence with a fixed penalty notice of up to £100, or a fine of £1,000 on prosecution.

To take part in the consultation visit the Your City Your Say page of the Derby City Council website.

Councillor Jonathan Smale, Cabinet Member for Neighbourhoods, Communities and Streetpride said:

These orders have been a very useful part of our public protection strategy over the past three years. Whilst we always try to educate and encourage first, having the tools at our disposal is important.

We would like to hear the views of the public on this matter to see if this is something the people of Derby would still like to see in place.

Community