Public Spaces Protection Order Number (2) of 2023 (the "order") Area of North West Leeds.
Anti-Social Behaviour, Crime and Policing Act 2014.
This Order may be cited as Leeds City Council, Public Spaces Protection Order Number (2) of 2023.
Leeds City Council exercises its powers under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 ("the Act") and under all other enabling powers, hereby makes the following Saturday 01 July 2023 and shall have an effect for 3 years thereafter, unless extended by further order under the Council's statutory powers.
- This Order relates to the part of Leeds City Council, Area of North West Leeds as shown edged black 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/or criminal activities have been carried out within the 'restricted area' through 'engaging, promoting, encouraging, or assisting in carrying out a street party', or through use of intoxicating substances', 'criminal damage', and/or 'anti-social behaviour'; or through the lack of control of 'household waste'. These activities have had a detrimental effect on the quality of life of those in the locality, and it is likely that the activities will be carried out within that area and have such an effect.
- The Council is also 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.
Prohibitions
1. Person(s) within the 'restricted area 'will not: engage, promote, encourage, or assist in carrying out an event which may constitute a nuisance, on any public green spaces or public highway without the express permission of the local authority. This includes use of amplified sound, selling or distribution of alcohol or erecting temporary structures such as stalls or tents.
2. Person(s) within the 'restricted area' will not: be in groups of two or more and engage in anti-social behaviour likely to cause alarm, harassment or distress to any other person in a public space; or obstruct a public footpath or highway.
2.1 No person who is in breach of prohibition 2 shall refuse to leave an area when required to do so by an authorised officer in order to prevent anti-social behaviour, public nuisance or disorder, or the obstruction of a public footpath or highway.
2.2 Where required to leave the restricted area under section 2.1 the individual person shall not return to the restricted area for 24 hours without a good reason to do so.
3. No person shall be verbally insulting to any person or behave in a way which causes or is likely to cause harassment, alarm or distress to another person this will include but not limited to approaching women in the restricted area making sexually inappropriate comments or gestures.
4. No person at any time shall urinate or defecate in a public place, that is not a designated public convenience, within the restricted area
5. Persons within the restricted area will not consume alcohol or be in possession of an open container of alcohol so as to cause or be likely to cause nuisance or annoyance to any other person. in a public space unless they are on premises or in public spaces licensed for the consumption of alcohol under the Licensing Act 2003 or premises or places otherwise exempt from the operation of this PSPO by Section 62 Anti-Social Behaviour Crime and Policing Act 2014.
5.1 In relation to alcohol Persons who breach Prohibition 5 will be required to surrender anything in their possession which the officer reasonably believes to be alcohol or a container for alcohol where the officer believes is causing or is likely to cause nuisance or annoyance to any other person.
6. Person(s) within the 'restricted area' will not: ingest, inhale, inject, smoke or otherwise use intoxicating substances in a public space.
6.1 Intoxicating Substances is given the following definition which includes alcohol and Psychoactive Substances i.e. substances with the capacity to stimulate or depress the central neryous system. Exemptions shall apply in cases where the substances are used for a valid and demonstrable medicinal use, given to an animal as a medicinal remedy, are cigarettes (tobacco) or vaporisers or are food stuffs regulated by food health and safety legislation.
6.2 Persons within this area who breach prohibition 6 shall (with the exemption of the matters referred to in Paragraph 5 above): surrender in accordance with the requirements under section 63(2) intoxicating substances in his/her possession to an authorised person and the authorised person is thereafter authorised to dispose of any item under section 63(5) of the Act.
6.3 An authorised person could be a Police Constable, Police Community Support Officer or Council Officer, and must be able to present their authority upon request.
7. This section of the Order applies to all persons in a position to control residential premises (referred to as “the relevant person”) that are within the specified area, (all such premises referred to hereafter as “relevant premises”) and includes any person residing permanently or temporarily, by legal right or simple occupation, at relevant premises and also any owner or managing agent of relevant premises.
Each relevant person shall have an equal and separate responsibility in relation to the household waste requirements set out in this order whether physically present at the relevant premises at the relevant time or not.
Requirements relating to household waste:
7.1 Each relevant person must ensure that all household waste presented for collection from their premises is contained in a wheelie bin or is presented for collection in a manner specified for their property by Leeds City Council.
7.2 Each relevant person must ensure that the wheelie bin for their property or waste presented for collection in a manner specified for their property is not situated outside the boundary of their premises other than between 6pm on the day before collection is due, and 9pm on the day of collection unless the wheelie bin is in an identifiable bin storage area or yard for wheelie bins of their property.
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 or, to fail to comply with any requirement of this Order.
- In accordance with section 63 of the Act, a person found to be in breach of this Order by continuing to consume alcohol after being required by an authorised person to stop consuming alcohol in breach of this Order, or by refusing to surrender alcohol to an authorised person is liable on summary conviction to a maximum penalty of a level 2 fine or to a Fixed Penalty Notice up to £100.
- In accordance with section 67 of the Act, a person found to be in breach of this Order other than by continuing to consume alcohol after being required to stop by an authorised person or by refusing to surrender alcohol to an authorised person is liable on summary conviction to a maximum penalty of a level 3 fine or to a Fixed Penalty Notice up to £100.
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 from the date upon which the Order is made.
Given under the Common Seal of Leeds City Council
The common seal of the council was hereunto affixed in the presence of:
Sarah Blenkin (Authorised Officer), Commercial Property Team Leader, Legal Services
Seal No. 106239
Appendix
A street plan of Leeds City Council, area of North West Leeds showing the 'restricted area' edged in black.
