Kent Police’s Chief Inspector Ian Swallow says an approved alcohol and antisocial behaviour Public Spaces Protection Order (PSPO) will mean an additional “small army of people” who can use enforcement powers while police officers are dealing with higher level crimes.
Ch Insp Swallow spoke to councillors at a scrutiny meeting last night (July 15) and reiterated Kent Police’s support for the PSPO.
He described the PSPO as a ‘tool’ that sits below police powers under the Public Order act but above the extra provision of dispersal orders.
He said: “What this (PSPO) does is gives us another piece of that tool kit. If you take the Public Order Act, that’s a sledgehammer to crack what could be a very small nut. We have Section 34 dispersals, which is probably below a PSPO because all that does is give us the power to disperse people.
“Where this (PSPO) would sit is right in the middle and the important part for us is it then gives us another small army of people in our partners who are able to use that enforcement capability while my officers are dealing with the higher level stuff.
“It gives you that bigger ability to deal with what we are trying to deal with.”
Ch Insp Swallow confirmed British Transport Police are among those who are able to issue enforcement.
Working with BTP and Southeastern
BTP and Southeastern staff have already been working to prevent those coming from outside of the area who may plan to be causing trouble.
Ch Insp Swallow said: “The week following the incidents in Broadstairs we got intelligence through that about 150 people were coming to Margate beach – mid-week about 80 people did come – and then we had intel that about 150 were coming with the intent of causing a lot of problems.
“Not a single one of those people stepped on Margate beach because we had them stopped at Stratford by BTP and Southeastern. Southeastern enforced the rail restriction orders they have in place to stop people travelling, they made that train a ‘dry train’ which meant no alcohol was allowed on the train and BTP stopped them coming on board.”
Southeastern is also putting extra staff at the stations, particularly Broadstairs.
If the PSPO is approved it will be advertised in Thanet but also in schools and there will be signs on trains heading to the isle.
Fines for swearing?
The meeting also addressed concerns that the PSPO would mean people are fined for swearing in the street.
Ch Insp Swallow said it wasn’t about targeting peaceful protest or someone swearing while with their friends on the beach or using ‘fruity language outside the pub.’
He said there is a ‘reasonable person test’ that applies to dozens of legislation and there is also an appeals process. He said abusive language would be determined by a ‘reasonable person in the street’ benchmark.
Legal officer Ingrid Brown said: “Rather alarmingly this restriction (foul and abusive language that causes distress/alarm) has been portrayed by some as an attempt to fine people for swearing. Clearly that is not the case and were it to be so my own position in the council would be completely untenable.”
Ms Brown said the restriction is designed to prevent the type of antisocial behaviour that many people highlighted during the consultation, such as gangs of kids shouting abuse at passers-by and in front of small children and families.
Kent Police and Crime Commissioner
She also said the response from the Kent Police and Crime Commissioner had raised concerns about ‘the consequences for speech and expression’ in regards to the clause about abusive language.
The PCC, Matthew Scott, said: “I do not believe the police or councils should be in the business of regulating what should be considered matters of free speech or expression.”
Ms Brown said she responded that there is a public order act to deal with such behaviour but it is only open for use by police officers, with the PSPO enabling other officers, including those at the council, being able to issue enforcement. She added that PSPOs need to meet a statutory test and restrictions must be proportionate.
Ch Insp Swallow said Kent Police’s opinion was ‘separate’ from that of the PCC, adding the force’s position was support for “all elements of the PSPO.”
He said he was ‘open’ to Matthew Scott’s interpretation but it was “more important to get (the PSPO) over the line than it is to die in a ditch over one or two specific things that people are unhappy about.”
The PSPO
The PSPO, which will cover Ramsgate, Margate, Broadstairs and Westgate, outlines seven behaviours which will be subject to enforcement.
These are:
- Anti-social groups – two or more people congregating and causing harassment, alarm or distress to other people
- Misuse of public place – behaving in a way that is likely to cause harassment, alarm or distress to any other person
- Using foul or abusive language in a public place that is likely to cause harassment, alarm or distress
- Excreting bodily fluids – includes urinating, defecating and spitting in public
- Consuming legal psychoactive substances and other legal intoxicants in a public place such as nitrous oxide, glue or the contents of an aerosol
- Causing humiliation or degradation -including particular abuse or behaviour towards females.
- Consuming alcohol in a public place and behaving in a way that is likely to cause harassment, alarm or distress.
Two previous PSPOs related to alcohol and antisocial behaviour came to the end of their three year lifespan in July 2024.
A renewed PSPO was approved by Thanet council last July but rescinded just weeks later following a threat of costly legal action by the Free Speech Union.
The PSPO proposal will now go to a Cabinet meeting on July 24 for approval.
Possibly a sledgehammer is exactly what is needed. If the Public Order Act is breached, then prosecute at that level to deter further problems.
Ban alcohol on Thanet beaches and definitely stop cafes of them selling it. Tea, coffee and soft drinks only!!
Doesn’t tell what powers the PCSO’s will be given and also will they be given a designation card to list their powers set out and to be shown if asked?
Otherwise it’s the same powers as you or me.
Doesn’t mention PCSO’s a single time. Should all contributers be able to confirm that they have actually read what has been written if asked?
Otherwise the comment is meaningless.
The ‘enforcers’ would need to speak many different languages to ‘police’ swearing
Yet more rubbish excuses spouted. The police are too busy drinking coffee, putting on their pride make-up and dancing the Macarena to do anything resembling work. I’ve watched the police ignore crime after crime and then lied through their rotten teeth to justify it.
Like TDC should do, sack every single employee and then CONSIDER rehiring on a proper contract, on a reasonable wage with no extra pension or benefits. Sack top management first… they are the reason the man on the beat does nothing.
I doubt this will ever happen on Polly’s watch; after all it will not sit well with the latest class of Labour targeted voter (16-17 year olds) who are so mature that they would never cause this sort of problem, and should therefore not be persecuted by the police.
Let me guess, once these voters are granted their “rights”, they will then also be provided social security benefits to buy them in to our new and improved society.