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City of Lincoln Council Public Space Protection Order Number 1 of 2015 (the "2015 Order")

Anti-social Behaviour, Crime and Policing Act 2014 

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. 

1. 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. 
2. This Order relates to that part of the City of Lincoln as shown edged red on the attached plan (“the exclusion zone”).
3. 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. 
4. 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 “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.

 It is ordered that:

Fixed Penalty Notices and Offences

1. It is an offence for a person without reasonable excuse to engage in any activity that is prohibited by this Order. 
2. 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. 
3. 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

Exclusion Zone

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