Public Spaces Protection Order No 2 - vehicle-related anti-social behaviour

The Order 

1. This Order may be cited as the Great Yarmouth Borough Council Public Spaces Protection Order No 2.
2. The Great Yarmouth Borough Council (the 'Council') makes this Order under its powers contained in s59 of the Anti-Social Behaviour, Crime and Policing Act 2014 ('the Act'), being satisfied on reasonable grounds that the activities set out in paragraph 5 in the location described in paragraph 4 of this Order being within the area marked on the plan contained in the schedule to this Order have had or are likely to have a detrimental effect on the quality of life of those in the locality, or it is likely that activities will be carried out within that area and have such an effect. The Council is also satisfied 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 expedient to make this Order for the purpose of reducing anti-social behaviour in a public place.
3. This Order comes into force at midnight on 1 February 2017 for a period of up to three years thereafter, unless extended by further order under the Council's statutory powers.
4. This Order applies to any public place within that part of Great Yarmouth shown outlined in red on the plan contained in the schedule of this Order ('the restricted area'). A public place is any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission. This includes but is not limited to: car parks, sports fields and playing fields and their attached facilities, parks and recreation grounds, public highways including footway and verge, esplanades, public open space land and communal open space owned by the Council or other landowner.
5. Subject to paragraph 6 below any person is prohibited from personally carrying out or assisting or encouraging any other person to carry out any of the behaviours specified in (a) to (i) below at any time in the restricted area:
   1. Driving a motor vehicle ('motor vehicle' is defined in the schedule) at excessive speed causing or being likely to cause a nuisance to persons in the locality of the restricted area.
   2. When driving a motor vehicle causing repeated sudden and rapid acceleration or deceleration of the motor vehicle causing or being likely to cause a nuisance to persons in the locality of the restricted area.
   3. Racing other motor vehicles causing or being likely to cause a nuisance to persons in the locality of the restricted area.
   4. Performing stunts using a motor vehicle causing or being likely to cause a nuisance and/or danger to persons in the locality of the restricted area. Performing stunts includes but is not limited to doughnutting, drifting, handbrake turns, wheelies, wheel spins or any other motor vehicle related activities which cause or are likely to cause a nuisance and/or danger to persons in the locality of the restricted area. Descriptions of the activities of doughnutting, handbrake turns, drifting, wheelies and wheel spins are set out in the schedule.
   5. Sounding motor vehicle horns other than in accordance with the Highway Code in a manner causing or being likely to cause a nuisance to persons in the locality of the restricted area.
   6. Playing amplified music in a motor vehicle or powered from a motor vehicle causing or being likely to cause a nuisance to persons in the locality of the restricted area.
   7. During an activity specified in paragraphs (a) to (f) above, using threatening and/or abusive language or otherwise intimidating another person causing or likely to cause a nuisance to persons in the locality of the restricted area.
   8. Dropping litter from a motor vehicle.
   9. Unnecessary revving of a motor vehicles engine causing or being likely to cause nuisance to a person in the locality of the restricted area.
6. An activity or behaviour which is authorised by the owner of that part of the restricted area where the activity or behaviour is taking place is not a breach of this Order.
7. Section 67 of the Act states that it is an offence for a person without reasonable excuse:
   1. To do anything that the person is prohibited from doing by a public spaces protection order or,
   2. To fail to comply with a requirement to which the person is subject under a public spaces protection order. 
      
      A person guilty of an offence under section 67 of the Act is 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 local authority did not have power to include in the public spaces protection order.
      
      A fixed penalty notice could be issued for a breach of this Order which if it remains unpaid could lead to prosecution.

Challenging the validity of orders

An interested person may apply to the High Court to question the validity of this Order and an interested person means an individual who lives in the restricted area or who regularly works in or visits that area. Any such interested person may apply to the High Court within six weeks from the date on which this Order was made on the grounds that the Council did not have the power to make the Order or to include particular prohibitions or requirements imposed by the Order or that a requirement under Chapter 2 of the Act was not complied with in relation to this Order.

Schedule

Public Spaces Protection Order (PSPO) No 2 - Vehicle-related anti-social behaviour

The PSPO covers the roads below and all areas of public highway contained therein:

• southwards from (and including) the vehicular turning at the end of North Drive incorporating North Drive, Marine Parade and South Beach Parade as far as vehicular access will allow
• the junction of South Beach Parade and Hartmann Road to South Denes Road
• the whole of South Denes Road from as far south as vehicular access allows to Salmon Road junction
• Salmon Road as far as Admiralty Road junction
• Admiralty Road Northwards as far as Queen's Road junction
• Queen's Road Eastward to Nelson Road South junction
• northwards to incorporate Nelson Road South, Nelson Road Central, Nelson Road North, North Denes and Sandringham Avenue as far as Barnard Avenue junction
• westwards as far as Beatty Road junction
• northwards along the whole of Beatty Road
• at roundabout eastwards along Jellicoe Road to North Drive junction

This area is outlined on this map of the area covered by PSPO no 2 Vehicle-related anti-social behaviour (PDF) [773KB] (opens new window) .

Definition of motor vehicle

In this Order, the term 'motor vehicle' means a mechanically propelled vehicle, intended or adapted for use on roads.

Description of prohibited activities

• Doughnutting - driving around in a repetitive manner, for example in a figure of eight at the central reservations.
• Handbrake turns - using the handbrake to turn the vehicle.
• Drifting - use of the accelerator when going into a bend causing the tail end of the vehicle to slide.
• Wheel spins - 
  1. use of the accelerator when the vehicle is stationary and before releasing the handbrake causing the wheels of the car to spin and noise and/or smoke to be produced
  2. accelerating at speed which causes the wheels of the vehicle to spin in a manner a competent driver would expect not to happen in the normal course of driving
• Wheelies - a trick or manoeuvre whereby a motorcycle or other motor vehicle is ridden for a short distance with the front wheel or wheels raised off the ground.

Dated 6 December 2016

THE COMMON SEAL of Great Yarmouth Borough Council was hereunto affixed in the presence of:
Jane Beck, Director of Customer Services 
Great Yarmouth Borough Council