A Public Spaces Protection Order aimed at helping to combat antisocial behaviour have been given the green light by Thanet council Cabinet members.
The order, 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.
The PSPO will be in force for a period of three years. Enforcement officers will have the authority to issue Fixed Penalty Notices (FPN). The penalty is £100 to be paid within 28 days but is reduced to £60 if paid within 14 days.
Signs will be displayed at key locations to explain the rules. Enforcement officers will engage with anyone found to be committing antisocial behaviour in the first instance, with fines issued only if the behaviour continues.
Two previous PSPOs related to alcohol and antisocial behaviour, first enacted in 2018, came to the end of their three year lifespan in July 2024.
A Public Spaces Protection Order (PSPO) approved by Thanet council last July was rescinded just weeks later following a threat of costly legal action by the Free Speech Union.
The Free Speech Union said there were issues with the wording of the PSPO and also with the consultation that was carried out.
Part of the wording of the order 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.
The absence of the PSPO this year made managing incidents of abuse, public drinking and drug taking, aggression and other incidents ‘challenging’ for Kent Police to deal with, said Chief Inspector Ian Swallow, Thanet District Commander of Police.
He told an earlier committee meeting that 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.
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.
PSPOs elsewhere
At a Cabinet meeting last night (July 24) Council leader Rick Everitt criticised media coverage of the ‘swearing’ clause calling it ‘misleading’ and also hit out at Tory councillor Reece Pugh for describing it as ‘over reaching’ in a radio interview, saying the PSPO clause was first introduced by the Conservative administration.
He then outlined how very similar clauses were in PSPOs for Canterbury, Dartford, Hastings, Greenwich and one being consulted on for Westminster.
Cllr Everitt also criticised the Free Speech Union saying the council would not be “bullied” by a third party organisation “funded by wealthy political activists.”
Thanet Tory leader Cllr John Davis said the party does support the PSPO and concerns raised were about the wording rather than the principle.
Support for the PSPO was voiced by Green Party members, Conservatives including Cllr Emma Dawson and Labour Group members.
Tools to intervene
Cllr Heather Keen, Cabinet Member for Communities, said: “We’ve listened, and these measures are designed to reassure residents and set clear expectations around acceptable public behaviour in Thanet.
“It crucially provides us with the tools to intervene earlier which we hope will successfully prevent situations from escalating. The overwhelming support from local people, businesses and the police during the consultation process is evidence that these measures are welcomed.
“Every year our residents tell us feeling safe is a top priority. I’m proud to say that we’ve listened and hope this serves as a reminder that antisocial behaviour will not be tolerated in Thanet.”
Opposition
Reform county councillor Amelia Randall says she believes the order is “not fit for purpose.”
She added: “I agree that if a person goes into a shop and starts shouting at staff, or other shoppers, that there should be a fine given. I agree that if someone is drunk on the streets and approaching people they don’t know, getting in their personal space, offending them or making them uncomfortable then they deserve a fine. I agree that if there is a group of people starting on another group or a single person then they deserve a fine.
“That being said, this PSPO is not fit for purpose because it is not specific enough and instead leaves it up to interpretation. They should
make it specific and simple.”
She said the clause for swearing and drinking would be much simpler:
- No swearing in stores at staff or people you don’t know as this is
aggressive behaviour - No swearing in the streets at people you don’t know or like as that is
aggressive behaviour. - No being aggressive towards others when drinking as this is
unacceptable behaviour.
The Free Speech Union maintains its criticism of the PSPO wording with a spokesperson saying: “The terms of the Public Spaces Protection Order are broad, undefined and subjective and will criminalise people for inadvertently offending someone.
“Local authorities should not be pursuing draconian policies to suppress the free speech of an entire population to deal with the anti-social behaviour of a minority, especially without sufficient safeguards”.
“Excreting bodily fluids – includes urinating, defecating”
What, even if they put it in a small plastic bag and leave it hanging off a tree branch, throw it into someone’s seagull bag or just chuck it on the floor a bit further away?
This is just a revenue generating exercise. All of these behaviours are already unlawful and police officers are entitled to arrest those who have commited them. Unfortunately, due to Home Office “post blocking”, there are insufficient officers to fulfill the Constabulary’s role. Civilian Enforcement Officers and fixed penalty notice will have zero positives effect.
TDC find it difficult to enforce poor parking, so good luck with this. They can’t even tackle dog sh!t, they are a joke.
I feel sorry for anyone with tourettes!!
It’s very disconcerting when the Chief Inspector who argued for this uses the word “probably”. I would expect with him being in the position he is in, that he would know exactly what the differences between the three orders are & what each one covers without any doubt.
This is open to abuse by the police and or the council, we all know how unreasonable the council can be. BTW next time you nip past the council offices take a look at the amount of cigarette butt’s just laying on the floor by their staff. They are the biggest hypocrites, I used to go in to Cabinet meetings with Gavin Waite the head of operational services and his language was absolutely foul, it was investigated by TDC HR eventually.