Bewdley Town Centre Public Space Protection Order - Alcohol consumption

Notice is hereby given that Wyre Forest District Council in exercise of its powers under Section 59, 63 and 72 of the Anti Social Behaviour, Crime and Policing Act 2014 (“The Act”) makes the following Order:

Wyre Forest District Council

Public Spaces Protection Order Number 3 of 2023 

1. The Order shall come into operation on 1 October 2023 and shall have effect for a period of three years thereafter, unless extended by further orders under Wyre Forest District Council’s (hereafter ‘the Council’).
2. The Order applies to Bewdley (“the Restricted Area”), as shown on the attached plan.
3. The Order applies to all persons within the Restricted Area at all times of the day and night.
4. The Council is satisfied that the conditions set out in Sections 59, 63 and 72 of the Act have been satisfied and that the consumption of alcohol (“the Activity”) has been carried out in the Restricted Area and has had a detrimental effect on the quality of life of those in the locality. Further, the Council is satisfied that the effect of the Activity is or is likely to be of a persistent or continuing nature and is or is likely to be such as to make the Activity unreasonable and the effect justifies the restrictions imposed.
5. The Council therefore
   • prohibits, pursuant to section 59 of the Act, the Activity within the Restricted Area, unless the Activity is during, part of and associated with a Council endorsed special event;
   • requires all persons, pursuant to, section 63 of the Act, when requested to do so by a Police Officer, Police Community Support Officer and or any other Authorised Person, desist from the Activity (or any action reasonably believed to be the Activity), and/or surrender any alcohol (or any item which is reasonably believed to be in alcohol) in their possession.

   For the avoidance of doubt, a Police Officer, Police Community Support Officer and or any other Authorised Person may dispose of anything surrendered pursuant to this Order.

6. Offences

   Failure without reasonable excuse to comply with a request, from a Police Officer, Police Community Support Officer and or any other Authorised Person, imposed by this Order as set out at 5(ii) above is a criminal offence under s 63 (2) (a), (b)  and  (6) of the Act.  A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 2 on the standard scale or to a fixed penalty notice not exceeding £100.

7. If any person desires to question the validity of this Order on the grounds that the Council had no power to make it or that any requirement of the Act has not been complied with in relation to this Order, they may apply to the High Court within six weeks from the date on which this Order is made.

Street drinking is sometimes associated with anti-social behaviour, causing high levels of noise, rowdy and nuisance behaviour, harassment and intimidation of passers-by, as well as the littering of cans and bottles.

These are areas that can be designated by Wyre Forest District Council where anti-social behaviour has been causing a nuisance or annoyance.

In these areas, police, police community support officers and council officers (where designated) have certain powers to help tackle such behaviour.

Officers can request people to stop drinking alcohol in the designated public places and ask to surrender their drink. If people refuse they can be issued a fixed penalty notice of up to £100 and a maximum of £1000 upon prosecution.

A PSPO is not an outright ban on street drinking. It is not an offence to consume alcohol in a public place; the offence is failing to comply with an officer’s request.

A PSPO does not make it illegal to carry alcohol or to drink alcohol in a public place. So long as drinking is done responsibly a PSPO will only be used to tackle alcohol related anti-social behaviour or disorder. Under these circumstances police and council officers (where designated) will have the power to stop people drinking alcohol and seize or confiscate alcohol within the controlled area. If you fail to comply with an officer’s request to stop drinking and/or dispose of alcohol, you could face a Fixed Penalty Notice (FPN).

The Police can make an arrest for street drinking related anti-social behaviour. However, it is only an offence to refuse with an officer’s request to stop drinking alcohol or to surrender alcohol when asked, where a PSPO is in operation. Where there is no PSPO in operation, it is not an offence alone to refuse to surrender alcohol, although any related anti-social behaviour can give cause for arrest.

Yes, signage will be around the PSPO boundaries in Bewdley

Yes.

The PSPO does not make it illegal to drink alcohol in a public place. However, if a person was to drink beyond the legal boundary of a licensed premise and they do not stop drinking if asked to do so by a police officer or another designated officer, then they could be at risk of regulation.

No.

Police Safer Neighbourhood Teams will continue to patrol and respond to incidents as part of their community response.

The PSPO will be in force all hours of the day, every day. The PSPO will last for three years and be extended following a review.

The main benefits of a PSPO are to help tackle anti social behaviour associated with street drinking.

Although a PSPO would restrict alcohol consumption in a public area the Act states that licensed premises are not affected.

Events within a public place authorised by a premises license or a Temporary Event Notice will be excluded from the Police PSPO powers.

If you or someone you know has an alcohol related problem, there is help available. You can contact:

Cranstoun
Online
Email
Telephone: 020 8335 1830