Public Spaces Protection Orders

Contents

What is a PSPO?

Public Spaces Protection Orders (PSPOs) were introduced in the Anti-Social Behaviour, Crime and Policing Act 2014 to allow local authorities some flexibility in protecting public spaces from persistent anti-social or unwelcome behaviour.

Following extensive consultation the Borough Council has introduced a number of PSPOs to address a variety of behaviours.

The PSPOs we have introduced take into account, as far as possible, the feedback we received from residents during consultation periods in 2017 and 2021.

In respect of the orders that seek to address anti-social behaviour associated with begging and rough sleeping there is no desire to fine people who are already in difficult circumstances. The Council wants to engage with people with the intention of directly supporting them or signposting them to other available services more appropriate to their individual circumstances.

What does a PSPO mean for me?

Most people won’t be affected by the introduction of PSPOs as they are specifically targeted to address unwanted behaviour caused by a minority of residents, often persistent, or visitors to our town or borough.

Details follow and you can also read (or listen) to the various committee meetings where PSPOs were presented to members. Links to committee meeting and additional documentation are provided below.

Proposals for 2024

We will not be introducing any new restrictions or requirements at this time, but we are looking to extend some orders for a further three years, while discharging others. In summary:

In short, these are our proposals:

ID	Issue	Applies to	Expires	Proposal
1	Amplified music	Town Centre	25/09/2024	Extend for three years
2	Begging (with ASB)	Town Centre	25/09/2024	Allow to expire
3	Rough Sleeping (with ASB)	Town Centre	25/09/2024	Allow to expire
4	Alcohol Control	Grosvenor Park	25/09/2024	Extend for three years
5	Alcohol Control	Hilbert Park	25/09/2024	Extend for three years
6	Alcohol Control	St John's Park	25/09/2024	Extend for three years
7	Alcohol Control	Ridgeway Southborough	16/12/2024	Extend for three years
8	Alcohol Control	Town Centre	25/09/2024	Extend for three years
9	Dog Control (Leads)	TW Rugby Club	25/09/2024	Extend for three years
10	Dog Control (Exclusion)	Children’s fenced play areas	25/09/2024	Extend for three years
11	Dog Fouling	Boroughwide	16/12/2024	Extend for three years
12	Dog Control (Leads)	Nevill Cricket Ground	25/09/2024	Extend for three years
13	Alcohol Control	London Road, Southborough	16/12/2024	Allow to expire

Some rationale

Alcohol control: Grosvenor Park, Hilbert Park, St John's Park, Ridgeway Playing Field, Tunbridge Wells Town Centre, London Road (Southborough)

We recommend extending all our ‘alcohol control zones’ for a further three years, with the exception of London Road (Southborough).

While we are pleased to have seen reductions in alcohol-fuelled public space anti-social behaviour since Designated Public Places Orders (the precursor to the PSPO) were introduced in 2004 these alcohol control measures can be an effective and immediate tool for police officers.

Alcohol control: London Road (Southborough)

With respect to London Road (Southborough), anti-social drinking on London Road, Southborough – previously associated with fast food restaurants and convenience stores – has long since subsided.

In 2021 the order was varied to exclude several residential roads (off London Road). These were initially included in the 2004 Order to avoid the displacement of issues from London Road into roads that are far more residential.

No issues of persistent alcohol-related disorder have been reported along this road for over a decade. However, in response to a 2021 consultation to remove the order, local residents were fearful that doing so would see a return of the behaviours of old.

I would suggest this is highly unlikely and that this order is no longer necessary.

I do fully understand why most people would rather see the order remain ‘just in case’, and I believe any new public consultation, either now or in three, six or sixty years would reveal that; and on that basis the order will be forever. With that in mind, I would propose that public consultation is not necessarily informative as a determining factor.

We will consult with local councillors and our Portfolio Holder ahead of any broader discussions at Cabinet.

Dog Control: On leads, exclusions and an increased charge for fouling

In respect of the two sports fields which are open to the public as recreation areas, a dogs on leads requirement has brought about some behaviour change. The Council's Enforcement Officers attend when they can, but the PSPO appears to have had a positive effect with a reduction in reports of dogs running uncontrolled, off their leads, and leaving deposits in sensitive areas. This is a practical approach to an issue that can have serious consequences for the general public and those participating in sport.

We have received no reports of issues related to the no dogs restriction on our managed children’s play areas. Excluding dogs from these enclosed play areas for very young children seems to be welcomed by all.

The boroughwide requirement to pick up after your dog increases the penalty notice from £50 to £100, to better align with litter enforcement charges.

Amplified music (buskers, Tunbridge Wells town centre)

There have been occasions when the Community Safety Team has been called to address issues related to amplified music (buskers) in the town centre. So far, a conversation with appropriate words of advice has been effective in resolving issues when complaints from nearby businesses have been received.

We propose to retain the restriction on amplified music causing an unreasonable disturbance and we may further expand this town centre order, at a later date, to include sensible restrictions on how people can approach passers-by in the street asking for subscriptions or donations to a particular charity.

Begging and Rough Sleeping (with associated anti-social behaviour)

When this PSPO went to public consultation in 2017 there were professional conversations over whether Community Protection Notices (CPN) could be better suited to address these issues.

The PSPO was chosen because the use of CPNs as an ‘engagement’ tool was still maturing, and a PSPO at least attempts to bring about reasonable behaviour change in areas where issues frequently arise.

Tunbridge Wells was, at the time, inundated with rough sleepers. There were permanent pitches in shop doorways from the top to the bottom of town, as well as in our car parks and parks. Too many were not accepting support and were rooted in a way of life. Others would accept support but not follow through.

During the summer rough sleepers began to occupy multiple levels of Torrington, and Great Hall car parks. Some seemingly linked to drug dealing, taking advantage of what were then very busy Thursday nights in the town centre. There was a culture developing.

Successive very early morning visits by police officers, as well as covert evening patrols in busy parts of town soon dealt with the criminal element. Just as importantly, the introduction of additional housing support, such as the Rough Sleeper Initiative, saw a reduction in permanent pitches and incidents of anti-social behaviour associated with people who were genuinely sleeping rough or genuinely begging.

Begging in the town centre at this time was most closely linked to people sleeping in shop doorways and simply putting out a tin or hat 24/7.

Some ‘professional’ beggars visited the town, often in pairs, and we still get them occasionally as they move from town to town. There is a recognition that people coming into town solely for the purpose of making money this way should receive attention as soon as we are alerted to their presence. This is also a priority for the local policing team, and other officers who patrol the town centre.

Community Protection Notices (CPNs)

In the years since the introduction of the PSPO, CPNs have been used far more broadly than perhaps originally intended and there is now confidence that they can be used to appropriately address a wide range of issues; and without the overhead of a PSPO that expires every three years.

Both the PSPO and the CPN offer a stepped approach, but the CPN is more flexible in that it can be drafted to suit specific situations.

We propose to allow this order to expire and to address future issues related to anti-social rough sleeping and anti-social or professional begging through our current engagement pathways and support routes with escalation to a Community Protection Warning, a Community Protection Notice and, if necessary, a Fixed Penalty Notice.

These proposals will be discussed at Cabinet on 26 September 2024

Current PSPOs in Tunbridge Wells – A Summary

Full details of our PSPOs can be found below but here’s a quick summary

London Road and Ridgewaye Playing Fields, Southborough,
Tunbridge Wells town centre (including Grosvenor Park, Woodbury Park Cemetery, The Grove, Calverley Grounds, The Commons)

Alcohol prohibition (no drinking, no open vessels).
No begging (where anti-social behaviour is an issue).
No rough sleeping (where anti-social behaviour is an issue).

All Tunbridge Wells town centre multi-storey car parks

Alcohol prohibition (no drinking, no open vessels).
No loitering or unauthorised activities (such as skateboarding and BMXing).

Sherwood Lake

Alcohol prohibition (no drinking, no open vessels).
No fishing, camping or bivouacs on the west and south sides of the lake from 7pm to 7am.

St John’s Park

Alcohol prohibition (no drinking, no open vessels).
No public access from 11pm to 5am.

Full details of all our PSPOs, including maps, can be found below and on site.

Dunorlan Park

Dogs must be kept on leads in the formal area of the park. There is a clearly marked area within the park where dogs may be let off the lead for unrestricted exercise.

The Nevill Ground and St Marks Rec

Dogs must be kept on leads.

All children’s fenced play areas

Dogs prohibited.

The entire borough

Increase in the penalty for dog fouling to £100

Alcohol control

Drinking alcohol in public is prohibited in Tunbridge Wells town centre, St John’s Park, Grosvenor and Hilbert Park, London Road (Southborough), Ridgewaye Playing Fields, and on and around Sherwood Lake.

The orders do not restrict the consumption of alcohol where the premises or its curtilage (a beer garden or pavement seating area) is licensed for the supply of alcohol. There are also limitations where a temporary event notice has been given under Part 5 of the Licensing Act 2003.

Anti-social behaviour associated with begging or rough sleeping

In Tunbridge Wells town centre, a PSPO prohibits begging and/or rough sleeping where there is associated anti-social behaviour or where the person is not engaging with support services.

Amplified music

Also within Tunbridge Wells town centre, when amplified music is being played (busking) we may ask that performances cease if the Council receives a complaint about it and then deems the volume to be causing an unreasonable disturbance.

Dog fouling – increased penalties

If you’re a dog owner or dog walker you need to know that the penalty for dog fouling has increased to £100. You can avoid this penalty by ensuring you carry enough bags to pick up after your dog when you’re out for a walk and making sure you use them!

Dog control – dogs on leads or prohibited

We already ask that if you are in a council park your dog is kept under control at all times. Now, PSPOs at St Mark’s Recreation Ground and the Neville Ground specify that you must keep your dog(s) on a lead at all times.

Similarly, from 23 June 2022 you must also keep your dog on a lead in the formal area of Dunorlan Park. There is an area called The Meadows where dogs can be taken for unrestricted exercise. Maps identifying both locations are available at Dunorlan Park and in the order linked to below.

Dogs are also prohibited from fenced children’s play areas located within our parks. There is signage to this effect on or near play area access points.

These dog control orders do not apply to a person in control of a working assistance dog which has been trained to assist that person who has a disability.

Sherwood Lake

From 23 June 2022 to prevent unreasonable disturbance to nearby residents and other users of the lake fishing is prohibited on the south and western sides of the lake between 7pm and 7am.

As mentioned above, alcohol consumption is also prohibited on and around the lake at all times of the day and night.

St John’s Park

From 23 June 2022 to prevent unreasonable disturbance to nearby residents there will be a curfew on the park between the hours of 11pm and 5am.

As mentioned above, alcohol consumption is already prohibited in St John’s Park at all times of the day and night.

Multi-storey car parks

From 23 June 2022 to help reduce anti-social behaviour in multi-storey car parks in Tunbridge Wells town centre an order will prohibit loitering or unauthorised games or activities, such as skateboarding and BMXing.

This order does not apply to rough sleeping.

Penalties

The penalty for failing to comply with a PSPO (excluding alcohol control) may be a fine on conviction, not exceeding £1,000. A Fixed Penalty Notice of up to £100 may be used as an alternative to prosecution.

While it is not an offence to drink alcohol in a controlled drinking zone, it is an offence to fail to comply with a request to cease drinking or surrender alcohol. This is liable on summary conviction to a fine not exceeding level 2 (£500) on the standard scale. If alcohol is confiscated, it can be disposed of by the person who confiscates it.

If you refuse to give up alcohol when asked to do so by a police officer or police community support officer you could be arrested.