Local Council Seeks Public Approval to Extend Strict Public Space Penalties Under New PSPO

Erewash Borough Council is seeking public consent to maintain maximum penalties within new Public Spaces Protection Orders (PSPOs) targeting dog fouling and alcohol-related anti-social behavior. The local authority is initiating this process because existing orders are set to expire after their three-year legal limit.

The council is requesting citizen input to determine if the highest available fines should remain in place for those who violate the updated orders. These PSPOs are designed to curb specific behaviors that the authority identifies as detrimental to the local community’s quality of life, according to council communications.

Why is Erewash Borough Council updating these orders?

Under UK legislation, Public Spaces Protection Orders have a maximum lifespan of three years. Once this period ends, the authority must either let the order lapse or implement a fresh order to continue the restrictions. Erewash Borough Council is currently managing the expiration of two such orders: one focused on general anti-social behavior and another specifically targeting alcohol-related issues.

The council is not merely renewing the existing rules but is specifically asking for consent to keep the maximum penalties active. This ensures that enforcement officers can issue the highest possible fines to deter repeat offenders and those engaging in prohibited activities in public spaces.

What behaviors do the PSPOs target?

The proposed orders focus on two primary areas of public nuisance: alcohol consumption and dog mess. The council’s objective is to stem alcohol-related anti-social behavior, which often involves public intoxication and associated disturbances. By restricting the consumption of alcohol in designated zones, the authority aims to reduce crime and disorder.

Additionally, the orders address dog fouling. The council seeks to maintain penalties for owners who fail to clean up after their pets, citing the need to keep public walkways and parks sanitary for all residents.

How do Public Spaces Protection Orders work?

PSPOs are legal tools that allow local authorities in England and Wales to prohibit specific activities in a defined geographical area. These orders are typically used when the authority believes the activity is having a detrimental effect on the quality of life of those in the locality and is persistent or continuing in nature.

When a person breaches a PSPO, they commit a criminal offense. Enforcement typically begins with a Fixed Penalty Notice (FPN), which is a fine paid to avoid court proceedings. If the fine isn’t paid, or if the offense is severe, the case can be taken to a magistrates’ court.

The current move by Erewash Borough Council to secure consent for maximum penalties reflects a strategy to maximize the deterrent effect of these fines. Higher penalties are often viewed by local authorities as a more effective way to prevent “problem drinking” and environmental littering than lower, more nominal fines.

What happens next for residents?

The council has opened a consultation period for citizens to provide their views on the proposed penalties. This feedback will inform whether the authority proceeds with the maximum fine structure or adjusts the penalty levels in the fresh orders.

Once the consultation concludes, the council will finalize the terms of the new PSPOs. These will then be formally implemented to replace the expiring orders, ensuring there is no gap in the legal authority to penalize anti-social behavior in the borough.