Alcohol related Public Space Protection Orders (PSPOs)

To tackle alcohol related antisocial behaviour in Basingstoke town centre, some surrounding parks and open spaces an alcohol related PSPO was introduced to cover the following areas:

  • Basingstoke town centre
  • War Memorial Park
  • Eastrop Park
  • Glebe Gardens
  • Holy Ghost Cemetery
  • small sections of Brookvale and Kings Furlong
  • Eastrop ward
  • Grove ward
  • Norden ward
Current alcohol PSPO area

PDF document BDBC (Alcohol related Anti-Social Behaviour) Public Spaces Protection Order 2024(PDF) [3 Mb]

Contents

Is this new legislation

The Criminal Justice and Police Act 2001 gave local authorities the power to designate places within their area where restrictions on public drinking apply. These powers were introduced to help the police and councils deal with the problems of antisocial drinking in public spaces. The orders were called Designated Public Place Orders (DPPOs).

In October 2017, all Designated Public Place Orders still in existence were converted to Public Space Protection Orders (PSPOs) with the same conditions under the Antisocial Behaviour, Crime and Policing Act 2014.

What is PSPO

The aim of the PSPO is to ensure our public spaces are safe, improving the quality of life for residents and visitors and can be enjoyed free from antisocial behaviour.

Until October 2020 there were several alcohol related PSPOs covering various locations of the borough. In most of the areas where previous alcohol related PSPOs were in place there was limited evidence to suggest that new alcohol related PSPO would be required.

Other PSPOs

Apart from alcohol related PSPO there is also borough wide Dog Fouling PSPO.

Length of PSPO

Current PSPO will be in place until 7 November 2027.

Our community safety team will monitor the effectiveness of the alcohol related PSPO and review this prior to the order expiring, taking into consideration evidence, data and views of the community to assess whether the PSPO is still necessary.

How is PSPO be advertised

There is a signage in place at strategic locations within the area to advise of the order. It is also be publicised on our website.

Does the PSPO ban drinking alcohol in public spaces

It is not an offence to consume alcohol within the PSPO area.

This PSPO is aimed at those who are causing a nuisance which may prevent the enjoyment of the public spaces by others.

The order makes it an offence to drink alcohol after being requested by an authorised officer not to do so. Authorised council officers and police constables can request individuals to stop drinking and surrender any alcohol in their possession including any opened or sealed containers. If they fail to comply with the request, they commit a criminal offence. A PSPO is not an alcohol exclusion zone.

How would PSPO be enforced

Each situation or incident is different, and officers will use discretion to determine the best course of action for each incident they deal with. Sometimes officers will use Warning Notices (for antisocial behaviour) as a way of effectively dealing with antisocial behaviour.

We will work in partnership with the police to ensure the effective, necessary and proportionate enforcement of the PSPO.

If the person breaching the PSPO fails to comply with the requirements of the order, they may be issued with a £100 Fixed Penalty Notice (FPN), reduced to £75 if paid within 10 days but taken to court if the fine is not paid within the specified timeframe. A person guilty of an offence is liable on summary conviction to a fine up to £1,000.

Concerns and issue with street drinking and drinking in public spaces

Street drinking is sometimes associated with antisocial behaviour and often results in rowdy and nuisance behaviour, harassment and intimidation of passers-by, as well as the littering of cans and bottles and urination in public spaces. This has a detrimental effect on the quality of life of local communities.

Can I be stopped or arrested for carrying alcohol in public spaces

A PSPO does not make it illegal to carry alcohol or to drink alcohol in a public place as long as drinking is done responsibly. The PSPO will only be used to tackle alcohol related antisocial behaviour or disorder. Under these circumstances authorised officers and police officers will have the power to demand individuals stop drinking alcohol and seize or confiscate alcohol within the controlled area. Failure to comply with requests is an offence.

Drink or holding alcohol bottles outside pubs

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 licensed premises and they do not stop drinking if asked to do so by an authorised officer or police officer, then further enforcement action may be considered.

Street parties and events in parks

The PSPO does not make it illegal to carry alcohol or to drink alcohol in a public place as long as drinking is done responsibly. The PSPO will only be used to tackle alcohol related antisocial behaviour or disorder. Under these circumstances authorised council officers and police officers will have the power to stop people drinking alcohol and seize or confiscate alcohol within the controlled area.

Individual events subject to Temporary Events Notices, may have their own restrictions on the consumption of alcohol.

Contact details

Community Safety Team

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