Public Spaces Protection Orders - Consultation

Overview

South Derbyshire District Council is consulting on proposals to renew the existing Public Space Protection Orders (PSPO’s) that promote responsible dog ownership, prohibit littering from vehicles, and the siting of gates at Staker Lane and Lowes Lane in order to prevent offences of fly tipping and other incidents of anti-social behaviour and finally the consumption of alcohol in Eureka Park.  

A local authority can make a PSPO, under powers delegated by the Anti-Social Behaviour Crime and Policing Act 2014, if it is reasonably satisfied that a number of conditions are met, namely that:                                  

  • The activities carried out in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality or that it is likely that activities carried out will have such an effect.
  • The effect or likely effect of the activities is, or is likely to be of a persistent or continuing nature; the activities are or are likely to be unreasonable, and the impact of the activity justifies the restrictions imposed by the order.                                                                             
  • The Orders are renewed after a period of three years after a review and consultation. Those currently in place were introduced in 2019.

Why your views matter

We want to hear the views of all the communities across South Derbyshire as this feedback will be taken into consideration during the evaluation process.

Please complete our short survey to give your views: PSPO survey 2022           

The consultation will run from 1 September 2022 until 30 September 2022.  Once this consultation has taken place, we will take a decision. To assist the current PSPO’s can be viewed on the South Derbyshire District Council website.

Alternativeley, if you would like to comment on any of the proposals, please do so by way of email to environmental.health@southderbyshire.gov.uk

Or if you wish to communicate by letter please do so to the following:

Dennis Bateman, Environmental Services, South Derbyshire District Council, Civic Offices, Civic Way, Swadlincote, Derbyshire DE11 0AH.

Current PSPOs

The seven PSPOs under review can be summarised as follows:

Dog Fouling PSPO. This makes it an offence for any owner not to pick up after their dog in all land open to the public in South Derbyshire. Breach of the PSPO can result in a £100 fixed penalty notice or prosecution carrying a fine up to £1,000.

Dogs on Lead PSPO. This makes it an offence for any owner not to keep their dog on a lead in any of the 23 parks and open spaces named in the Order. Breach of the PSPO can result in a £100 fixed penalty notice or prosecution carrying a fine up to £1,000.

Dogs Excluded PSPO. This makes it an offence for any owner to allow their dog into any of the 18 children’s play areas named in the Order. Breach of the PSPO can result in a £100 fixed penalty notice or prosecution carrying a fine up to £1,000.

Littering from Vehicles PSPO. This made the registered owner of a vehicle legally responsible for any litter thrown from their vehicle. Breach of the PSPO can result in a £100 fixed penalty notice or prosecution carrying a fine up to £1,000.

Eureka Park (Alcohol Consumption) PSPO. This made it an offence for anyone to fail to surrender alcohol or stop drinking alcohol when requested to do so by an authorised officer. Breach of the PSPO can result in a £100 fixed penalty notice or prosecution carrying a fine up to £1,000.

Findern PSPO. This gave the Council the power to put a gated entrance to a small length of public highway and to fine anyone taking a vehicle onto the land without permission. Breach of the PSPO can result in a £100 fixed penalty notice or prosecution carrying a fine up to £1,000.

Lowes Lane PSPO. This gave the Council the power to put a gated entrance to a small length of public highway and to fine anyone taking a vehicle onto the land without permission. Breach of the PSPO can result in a £100 fixed penalty notice or prosecution carrying a fine up to £1,000.

Please note:

  • All of the PSPOs relating to dogs were replacements for three Dog Control Orders which were originally declared under the Clean Neighbourhoods & Environment Act 2005 Act.
  • The Littering from Vehicles PSPO was a newly adopted power in 2017. Since then the Littering from Vehicles Outside London (Keepers Civil Penalties) Regulations 2018 have been introduced nationally which introduced a similar civil penalty for registered vehicle owners.
  • The Eureka Park (Alcohol Consumption) PSPO was a replacement for a Designated Public Place Order originally declared in 2010.
  • The Findern (Staker Lane) and Lowes Lane PSPO’s were created to prevent vehicle access to a known hot spots for fly tipping and Anti-Social Behaviour.