Public Space Protection Orders (PSPO)

Public Space Protection Order - Town Centres anti-social behaviour

Nuneaton and Bedworth Borough Council and Warwickshire Police wish to introduce a Public Space Protection Order (PSPO)  in Nuneaton and Bedworth town centres and would like your views

  • The consultation of the draft PSPO ended on 7 October 2024

Over the past year, there has been an increase in anti-social behaviour in Nuneaton and Bedworth town centres, which has resulted in the public not feeling safe and avoiding the locations. This has been recognised by Nuneaton and Bedworth Borough Council and Warwickshire Police who promises to combat such behaviour through enforcement, diversion, and the Criminal Justice System.

By working in collaboration, Nuneaton and Bedworth Borough Council and Warwickshire Police wish to introduce a new PSPO which will permit them to take action against those committing anti-social behaviour in Nuneaton and Bedworth towns. We have learnt that over the past year, individuals and groups are concealing their identities in order to intimidate and harass people of our towns, and this will not be tolerated. This PSPO will enable us to effectively deal with any such suspected individuals. Forming part of the Council’s wider enforcement and engagement strategy to reduce anti-social behaviour and disrupt criminality in the borough towns, this PSPO aims to build back public confidence in the community.

The draft PSPO for Town Centre's proposed reads:

Nuneaton and Bedworth Borough Council in exercise of its powers under Section 59, of the Anti-social Behaviour, Crime and Policing Act 2014 ("the Act") hereby makes the following Order:

Nuneaton and Bedworth Public Spaces Protection Order (PSPO) 2024

This Order shall come into operation on [TBC] and shall have effect until [TBC] for a period of three years.

This Order relates to the areas as shown edged red on the attached plan (the Restricted Area). 

The Council is satisfied that the conditions set out in Section 59(2) of the Act have been met. Namely that anti-social behaviour and criminal activities have and are taking place within the Restricted Area through nuisance behaviour. These activities have a detrimental effect on the quality of life of those in the locality. 

The Council is further satisfied that the conditions set out in Section 59(3) of the Act have been met. Namely, that the effect or likely effect of the activities is, or is likely to be, of a persistent or continuing nature and that these activities are unreasonable and justify the restrictions imposed by this Order and that it is in all the circumstances expedient to make this Order for the purpose of reducing crime and/or anti-social behaviour in a public place. 

The effect of this Order is to impose the following conditions on the Restricted Area:

  1. An authorised person, where they reasonably suspect, may request that a group of three or more within the restricted area acting in such a manner as to cause harassment, alarm or distress to any person immediately disperse and not return to the restricted area within 48 hours.
  2. An authorised person may request a person to dismount if they are cycling, skateboarding, scootering or using similar devices within the restricted area where they reasonably suspect that the person is riding in a malicious and/or dangerous manner as to cause harassment, alarm or distress to any person within that area. 
  3. A person is prohibited from wearing face coverings in an attempt to conceal their identity to cause harassment, alarm or distress to any person; this includes scarves, balaclavas, and masks. This would not include a face covering worn in respect of religious or cultural beliefs.

An Authorised Officer of the Authority means a Local Authority employee, a person designated by the Local Authority, a Police Officer or Police Community Support Officer who is authorised in writing by Nuneaton and Bedworth Borough Council for the purposes of giving directions under this Order. 

FIxed penalty notices and offences

It is an offence for a person without reasonable excuse to engage in any activity that is prohibited by this Order.

In accordance with section 63 of the Act, a person found to be in breach of this Order by pursuing the act of begging, and/or approaching people for money, or being stationary and directly asking for money, or positioned on the floor to invite the offer of money or goods, is liable to:

  • Fixed Penalty Notice up to £100 (reduced to £60.00 if paid within 14 days)

This would discharge any liability to conviction for an offence under Section 67(1) of the Act, or on summary conviction to a maximum fine not exceeding level 3.

Appeals

In accordance with section 66 of the Act, any interested person who wishes to challenge the validity of this Order on the grounds that the Council did not have the power to make the Order or that a requirement under the Act has not been complied with may apply to the High Court within six weeks form the date upon which the Order is made.