FROM: Colin Lomas at North East Lincolnshire Council PLEASE email replies to: colin.lomas@nelincs.gov.uk
You may or may not be aware that in October 2014 seven ward based PSPO’s (Public Spaces Protection Orders) were brought in to allow the Police to challenge anti-social behaviour where alcohol is a factor. This is not the only power open to the Police as they have statutory powers under the Confiscation of alcohol (Young Persons) Act 1997 and the Criminal Justice and Policing Act 2001 and these powers are national powers and cover the entire Country. The PSPO acts as an additional tool to use if the Police so wish. The PSPO does not make it unlawful for alcohol to be consumed within the ward area as it must be linked to anti-social behaviour or a reasonable believe that anti-social behaviour will result if the drinking was allowed to continue. The Confiscation of Alcohol Act allows the Police to seize alcohol from any person under 18 in a public place regardless if it is linked to ASB or not. Evidential feedback indicates that where an individual has been requested to cease drinking they have been compliant with the request without the need to progress to other enforcement action. It also allows the Police to request an individual breaching the order to leave the area for up to a 24 hour period.
The current PSPO’s cover the wards of:
- Croft Baker
- West Marsh
- Sidney Sussex
- Heneage
- South
- Park
- East Marsh
A PSPO is granted for a maximum of three years in which time it must be reviewed to ascertain if it is still necessary and proportionate to the issues faced, or it needs to be varied or discharged. All indication are that alcohol consumption does remain an issue with a fear that this may increase if the orders were discharged. These PSPO’s were reviewed in 2017 where the recommendation was for them to continue in their current format for a further three years. Any renewal, variance or discharging of such an order must be done with consultation hence the reason for me contacting you for your input as again it is time to review the orders.
Can I ask for your opinion please if you consider if these orders should continue for a further three years and that they are necessary and you support them being extended.
I thank you for your opinion and being part of the consultation process. Should you require further details please do not hesitate in contacting me.
Kind regards
Colin Lomas
Community Services Manager, North East Lincolnshire Council