Ashfield - Extend Public Spaces Protection Order

The Public Spaces Protection Order – Ashfield District Council 2024 (the “Order”)

NOTICE IS HEREBY GIVEN THAT Ashfield District Council in exercise of its power under the Anti-social Behaviour, Crime and Policing Act 2014 (the “Act”) has extended The Public Spaces Protection Order – (Ashfield District Council) 2021 for a further period of 3 years and has varied that Order to include a new district wide prohibition namely Street Harassment, to vary the prohibition for Vehicle Nuisance (previously called “Car Cruising”) by increasing the Restricted Area to the entire District of Ashfield and to vary the prohibition for Dog Exclusion by amending the Restricted Area namely by updating the Dog Exclusion Areas.
The Order comes into force on 1 October 2024 and shall have effect for a period of 3 years, ending on 30 September 2027, unless extended by further orders under Ashfield District Council’s statutory powers.
The Order creates offences relating to Prohibition of Alcohol Consumption, Urinating, Direction to move on, Dog Fouling, Failure to produce device or other suitable means of removing dog faeces on demand, Dog Exclusion, Dogs on leads, Dogs on lead by direction, Dogs specified maximum amount, Restricting Access and Vehicle Nuisance (previously called “Car Cruising) and in addition:
1. Extends The Public Spaces Protection Order – Ashfield District Council 2021 (which ends on 30 September 2024) for a further period of 3 years.
2. Includes a new prohibition, namely “Street Harassment” (Article 12) as follows:
12.1 This article applies to land specified in Schedule 2 of this Order (the district of Ashfield).
12.2 A person commits an offence if at any time without reasonable excuse he is verbally abusive to another person or behaves in a way that causes or is likely to cause harassment alarm or distress to another person. This will include but not be limited to making sexually inappropriate comments or displaying inappropriate behaviours towards women and girls.
12.3 In accordance with section 67 of the Act a person who is guilty of an offence under article 12 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3. Varies the prohibition for Vehicle Nuisance (previously called “Car Cruising” – Article 11) by increasing the Restricted Area to the entire District of Ashfield
4. Varies the prohibition for Dog Exclusion (Article 6) by amending the Restricted Area, namely by updating the Dog Exclusion Areas as follows:
To add in the children’s play areas at Meden Bank, Sutton-in-Ashfield;
To add in the children’s play areas at David Street, Larwood Park and Hornbeam Park, Kirkby-in-Ashfield;
To add in the synthetic pitch area at Titchfield Park, the BMX pump track and multi-use games area at Nabbs Lane Recreation Ground, the children’s play areas at Rolls Royce and Lime Tree Road, Hucknall; and
To add in the children’s play area at Selston Country Park, Selston.
Offences and Fixed Penalty Notices
A person who is guilty of an offence under the proposed Order may be prosecuted and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. A person who is guilty of an offence under section 63(2) of the Act (continuing to consume alcohol and failing to surrender alcohol) may be prosecuted and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. Ashfield District Council intends to issue fixed penalty notices to enforce the proposed Order, the amount of the fixed penalty notice will be £100. Failure to pay may lead to prosecution.
This information can also be viewed on the Council website by going to www.ashfield.gov.uk