A Public Spaces Protection Order (PSPO) approved by Thanet council in July has now been rescinded following a threat of costly legal action by the Free Speech Union.
Cabinet members made the decision at a meeting last night (August 22) following recommendations by the Overview and Scrutiny Panel that the council’s proposed Alcohol and Antisocial Behaviour PSPO be re-considered. .
However, the council faced a legal challenge from the Free Speech Union which says there were issues with the wording of the PSPO and also with the consultation that was carried out in May.
The FSU said the consultation was inadequate, the decision was made without councillors accessing all the evidence, the order breached Human Rights legislation for freedom of expression and assembly, it was unlawful because it did not define the activities that are being prohibited and covered a wide area -Ramsgate, Margate, Broadstairs and Birchington- rather than targeting trouble hotspots.
Under the order offenders could face fines of up to £100, reduced to £60 if paid within two weeks.
The decision was called in to the scrutiny panel by chairman Cllr Phil Fellows due to the council receiving a letter under the pre-action protocol for judicial review from the Free Speech Union (FSU). The FSU said it would apply to judicially review the PSPO decision.
The council says that as the initial decision by Cabinet was not implemented, there is now no basis for the PSPO to be legally challenged.
There were previously two separate PSPOs, one related to Alcohol and another to Antisocial Behaviour, both of which were due to expire at the end of July 2024. The council wanted a new order encompassing both alcohol and antisocial behaviour.
The new order expanded on the previous orders and aimed to introduce restrictions to combat incidences of antisocial behaviour in the district.
This included a restriction preventing the use of foul language which caused alarm or distress to other people, there have been provisions in force for this in Thanet since a PSPO came into force in 2018. This was not an issue raised with the council by the Free Speech Union at that time.
However, Cabinet agreed that the drafting of this order could be improved to ensure that it is fully enforceable.
During the meeting council leader Rick Everitt said: “This report sets out the history of this decision including the legal history and Councillors will see that the Free Speech Union have now written to the Council under the pre-action protocol for Judicial Review. They have made it clear that they intend to challenge the PSPO if it is implemented in its current form. This is a clear risk to the Council, certainly in relation to finances.
“I do want to make clear that the Free Speech Union, while entitled to its opinion, is a private company established in December 2019 and that it is making a legal argument, for its own ideological reasons. However it framed its position at OSP, it is not to be regarded as providing the council with impartial legal advice and any decision we make tonight does not mean that the council accepts its arguments.
“Councillors at OSP described feeling bullied by the Free Speech Union, which is not based in Thanet and cannot just be assumed to be acting in the best interests of Thanet residents. This council will not be bullied, but we recognise that in responding to this challenge we need to ensure that our position is as robust as it can be, in order to protect public funds.”
Cllr Everitt highlighted that the ‘swearing’ provision had been a part of the original antisocial behaviour PSPO and was not new, despite a swell of media coverage about it.
He added: “Similar rules also apply in other local authorities and they have not been raised as an issue by the Free Speech Union.
“The PSPO is a very valuable tool in the armoury of measures that support the Community Safety Team to manage challenging anti-social behaviour across the council. If Cabinet take the decision to rescind this decision the council will be without this tool in its armoury.”
The PSPO will now be redrafted, a public consultation will follow which clearly sets out the PSPO’s aims and provides clear evidence for the proposed restrictions in the suggested locations.
