Public Space Protection Order (PSPO) - City Centre
City of Lincoln Council Public Space Protection Order Number 1 of 2015 (the "2015 Order")
Reviewed, Renewed and varied for a period of 3 years.
Anti-social Behaviour, Crime and Policing Act 2014
This extension to and variation of the 2015 Order may be cited as the City of Lincoln Council Public Spaces Protection Order Number 1 of 2021 (“this Order”).
The City of Lincoln Council (“the Council”) in exercise of its powers under Sections 59, 64 and 72 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act”) and under all other enabling powers, hereby makes the following order:
Pursuant to the 2015 Order and the Public Spaces Protection Order Number 1A of 2018 (the “2018 Order”), this Order shall come into operation on 27 February 2021 and under the provision of Sections 60 and 61 of the Act affects the 2015 Order and the 2018 Order.
- The 2015 Order, as varied and extended by the 2018 Order, shall have effect for 3 years hereafter, unless discharged, varied, or extended by further orders under the Council’s statutory powers.
- This Order relates to that part of the City of Lincoln as shown edged red on the attached plan (“the exclusion zone”).
- 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 criminal activities have been carried out within the exclusion zone through the use of intoxicating substances. These activities have had a detrimental effect on the quality of life of those in the locality, and it is likely that 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 justifiable to make this Order for the purpose of reducing crime and/or anti-social behaviour in a public place.
In this order:
An “authorised person” means a Police Constable, a Police Community Support Officer or an officer of the Council who must be able to present their authority upon request.
An “exempted use” means where an intoxicating substance is:
a. used for a valid and demonstrable medicinal use;
b. cigarettes (tobacco) or vaporisers (for nicotine but not to include any other intoxicating substance); or
c. a food stuff regulated by food health and safety legislation.
An “intoxicating substance” means substances with the capacity to stimulate or depress the central nervous system, including but not limited to alcohol, drugs and any Novel Psychoactive Substance as defined within the Psychoactive Substances Act 2016
It is ordered that:
i. No person in the restricted area shall engage in any of the following activities: ingesting, inhaling, injecting, smoking or otherwise using an intoxicating substance unless for an exempted use;
ii. Any person within the restricted area who breaches the prohibition in paragraph (i) shall surrender any intoxicating substances in their possession to an authorised person.
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.
- In accordance with section 63 of the Act, a person found to be in breach of this Order by consuming alcohol 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 consuming alcohol 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 Against this Order
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.
Exclusion Zone
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