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Draft Great Yarmouth Borough Council Public Spaces Protection Order (Number 1 of 2025)

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The Great Yarmouth Borough Council of Town Hall, Hall Plain, Great Yarmouth ('the Council'):

  • being satisfied, upon reasonable grounds, that anti-social behaviour associated with:
    • public intoxication
    • public urination and defecation
    • begging
    • the abandoning of belongings
    • spitting
    • cycling and the use of electronic scooters and other conveyances within pedestrianised areas
    has been carried on (or is likely to be carried on) within the public places within its' District bounded by a black line in the map at Appendix A;
  • being satisfied that these activities have had (or are likely to have) a detrimental effect on the quality of life of those in the locality
  • being satisfied that the effect or likely effect of this is or is likely to be of a persistent or continuing nature, is (or is likely to be) such as to make the activity unreasonable, and justifies the restrictions imposed by this Public Spaces Protection Order
  • having carried out the necessary consultation, publicity and notification as required by section 72 of the Anti-social Behaviour, Crime and Policing Act 2014 ('the Act')
  • having had regard, amongst other things, to the matters set down in section 72 of the Act, together with the guidance issued by the Secretary of State in accordance with section 73 of the Act

exercises its' powers under section 59 of the Act to make a Public Spaces Protection Order ('Order') in the following terms.

Order

  1. Alcohol

    1. 1. No person shall, in any place to which this Order applies:
      1. a.have in their possession any open container of alcohol, except in a place referred to in section 62 of the Act
      2. b. consume alcohol, except in a place referred to in section 62 of the Act
    2. 2. Section 63 of the Act has effect. The effect of section 63 of the Act is that where an authorised person reasonably believes that a person is or has been consuming alcohol in breach of a prohibition in a public spaces protection order, or intends to consume alcohol in circumstances in which doing so would be a breach of such a prohibition, the authorised person may require that person not to consume, in breach of the order, alcohol or anything which the authorised person reasonably believes to be alcohol; and/or to surrender to the authorised officer anything in the person's possession which is, or which the authorised person reasonably believes to be, alcohol or a container for alcohol. The authorised officer imposing a requirement under section 63(2) must tell the person that failing to comply with the requirement without reasonable excuse is an offence. The requirement will not be valid if the authorised person fails to provide evidence of their authorisation if required to do so. An authorised person can dispose of anything surrendered under section 63(2)(b) in whatever way they think appropriate.

  2. Requests for Money or other Property

    1. 3. No person shall, in any place to which this Order applies, make any request for money or property from any other person, whether verbally or in writing.
    2. 4. The prohibition at paragraph 3 shall not apply to:
      1. a. a person who is conducting a collection for a charity registered with the Charity Commission, provided that said person produces to an authorised person, on demand, written authority issued by (or on behalf of) said charity permitting them to conduct collections on their behalf
      2. b. persons who are lawfully conducting business in a public place, and where such request is made as a part of a sale
      3. c. persons who have written permission given by or on behalf of the Council for the purpose of this paragraph
      4. d. requests made to persons offering food, drink or other items for charitable purposes, provided that said person is offering said food, drink or items for no monetary sum or other valuable consideration

  3. Public Conveniences

    1. 5. No person shall, in any place to which this Order applies, urinate or defecate in any place, save for within a public convenience in a receptacle specifically provided for that purpose.

  4. Spitting

    1. 6. No person shall, in any place to which this Order applies, spit upon the floor, or on any other property, or upon any footway or verge.

  5. Abandoned belongings

  6. 7. No person shall, in any place to which this Order applies, throw down, drop or otherwise deposit anything within their possession, save for by way of leaving items of waste within waste bins provided for that purpose.

  7. Use of Cycles and other conveyances

    1. 8. No person shall, in any place to which this Order applies, cycle or use any other conveyance including electric scooters or electric skateboards on any footway or in any other area where vehicular access is lawfully prohibited (whether by way of signage which is authorised by the council, by operation of law, or otherwise).
    2. 9. The prohibition at paragraph 8 shall not apply to any wheelchair, mobility scooter or invalid carriage.
    3. 10. The prohibition at paragraph 8 shall not apply to any member of the emergency services acting in the course of their duties.

  8. Exclusion

    1. 11. An authorised person may require an individual who is within any area to which this Order applies to leave the area (or part thereof) if they reasonably suspect that individual to:
      1. a. have breached any of the terms of this  Public Spaces Protection Order
      2. b. be behaving in a way which could reasonably cause a nuisance to any[DL5] [JW6]  other person
      3. c. be causing  disorder
      4. d. be behaving in a way which could reasonably cause harassment or alarm or distress to any other person
    2. 12. An authorised person may give additional directions to a person required to leave an area by virtue of paragraph 11  which require them to leave in a particular manner, by a particular route or within a particular timeframe. If no such direction is given, the requirement is deemed to be a requirement to leave the specified area (or areas) immediately by the most direct route.
    3. 13. Where an authorised person imposes a requirement under paragraphs 11 to 12, they may also require a person not to return to the area to which the Order applies (or to any part thereof) for a period not exceeding 12 hours. The area specified by the authorised person under this paragraph may be different from that specified under paragraph 11 .
    4. 14. Any requirement imposed by virtue of paragraphs 11 to 13 shall be imposed  in writing.
    5. 15. An authorised person must inform the person upon which any requirement is imposed of the consequences of failing to comply with said requirement, either at the time the requirement is imposed or as soon as practicable thereafter. This information must be provided in writing.
    6. 16. No person shall, without reasonable excuse, fail to comply with any requirement imposed by virtue of paragraphs 11 to 13.
    7. 17. No person is deemed to have breached any requirement imposed by virtue of paragraphs 11 to 13 where they are leaving an area in accordance with a requirement imposed by an authorised person in accordance with paragraph 12, provided that they leave in the manner prescribed by those directions (or, where no directions have been provided, immediately and by the most direct route).
    8. 18. No person is deemed to have breached a requirement imposed by virtue of paragraphs 11 to 13 where they are:
      1. a. returning to their permanent residence
      2. b. attending any court, tribunal or other place where they are required to attend by virtue of any legal obligation
      3. c. attending their school or place of work
      4. d. travelling directly to or from any of those places

  9. Exception

    1. 19. Nothing done by an authorised person in the course of their duties as such shall be deemed to be a breach of any of the terms of this Order.

  10. Extent

    1. 20. This Order shall apply to all public places within the area is bounded by a red line in the plan appended at Appendix A.

  11. Offences

    1. 21. Any person who, without reasonable excuse, fails to comply with any prohibition or requirement imposed by (or by virtue of) this Order commits an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. A person does not commit an offence under section 67 of the Act by failing to comply with a prohibition or requirement that the council did not have power to include in the Order. In addition, consuming alcohol in breach of the Order is not an offence under section 67 of the Act but reference should be made to the offence under section 63 of the Act mentioned in paragraph 2 of this Order. 
    2. 22. Any person who, without reasonable excuse, fails to comply with a requirement imposed upon them in accordance with section 63 of the Act commits an offence and shall be liable, upon summary conviction, to a fine not exceeding level 2 on the standard scale.

  12. Interpretation

    1. 23. In this Order:
      1. a. "alcohol" includes spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor
      2. b. "authorised person" means a constable, police community support officer, or any person falling within section 63(1) of the Act
      3. c. "bicycle" includes a tricycle or unicycle, and any bicycle, tricycle or unicycle powered either partly or wholly by way of electric means
      4. d. "conveyance" means any conveyance constructed or adapted for the carriage of a person or persons whether by land or water, except that it does not include a conveyance constructed or adapted for use only under the control of a person not carried in or on it
      5. e. "permanent residence" means a property that a person has a right to occupy (whether by lease, licence or otherwise) and includes any property provided by a public authority to that person. A "permanent residence" does not include any tent or other temporary structure
      6. f. "property" includes any property whatsoever, regardless of whom it belongs to, and regardless of whether it has any monetary value
      7. g. "mobility scooter" means an electronic or self-propelled scooter which has been specifically designed or adapted to aid a disabled person with their mobility. For these purposes, a 'disabled person' is defined as a person falling within section 6(1) of the Equality Act 2010
      8. h. "invalid carriage" has the meaning provided by section 20 of the Chronically Sick and Disabled Persons Act 1970
      9. i. a "member of the emergency services" means one of the following, whilst on duty or otherwise acting in the course of their duties as such:
        1. i. any constable or police community support officer
        2. ii. any person employed by (or responding to an emergency at the request of) an NHS ambulance service (within the meaning of s87(1B) of the Road Traffic Regulation Act 1984)
        3. iii. any person employed (or engaged) by a fire and rescue authority
      10. j. "prohibited by law" means unlawful by virtue of any primary or secondary legislation, byelaw, regulation or common law or other provision whatsoever
      11. k. a "public convenience" means:
        1. i. a public sanitary convenience provided in accordance with section 87 of the Public Health Act 1936
        2. ii. toilet facilities provided to members of the public by any business, charitable organisation or other undertaking as a part of their business
      12. l. a "public place" is a place to which the public has access, whether upon payment or otherwise as of right or by virtue of express or implied permission. Without prejudice to the generality of the term, a "public place" explicitly includes: car parks (regardless of their operator), libraries, sports or playing fields, play areas, parks, recreation grounds, beaches, public highways (including their footway and verge), market places, esplanades, open land, communal spaces, cemeteries, church yards, places of worship, shopping centres, cinemas, civic buildings, nature reserves, sites of special scientific interest, public conveniences and the curtilage of any such location
      13. m. any reference to the singular includes a reference to the plural, and to the plural a reference to the singular
      14. n. any reference to the masculine includes a reference to the feminine, and to the feminine a reference to the masculine
      15. o. any reference to the Act includes a reference to any amendments made subsequent to the making of this Order which affects its' terms
      16. p. any reference to any Act other than the Act is a reference to said Act at the time this Order is made
    2. 24. Headings have been included in this order for ease of navigation - these are not to be considered as a part of interpreting any of the provisions of the Order.

  13. Commencement, Expiry and Citation

    1. 25. This order comes into effect on a date to be confirmed and continues for a period of three years from that date unless extended under section 60 of the Act.
    2. 26. This order may be cited as the 'Great Yarmouth Borough Council Public Space Protection Order (Number 1 of 2025)'.

  14. Appendix A

  15. Schedule

    1. Challenging the validity of orders

    2. An interested person may apply to the High Court to question the validity of:
      1. a. this Order
      2. b. a future variation of the Order
    3. An ''interested person'' means an individual who lives in the restricted area or who regularly works or visits that area.
    4. An interested person may apply to the High Court within six weeks from the date in which the Order is made, on the grounds that:
      1. a. the Council did not have the power to make the order or variation, or to include particular prohibitions or requirements imposed by the Order (or by the Order as varied)
      2. b. a requirement under Chapter 2 of the Anti-social Behaviour Crime and Act 2014 was not complied with in relation to the Order or variation

    5. Seal

    6. The Corporate Seal of the Great Yarmouth Borough Council was hereunto affixed this

      ......... day of ................. 2025

      In the presence of 

      .......................................
      Authorised Signatory

Last modified on 11 February 2025

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