Public Spaces Protection (Cheltenham) Order 2023

Cheltenham PSPO 2023

Cheltenham Borough Council ("the Authority") in exercise of its powers under the Anti-Social Behaviour, Crime and Policing Act ("the Act") permits the Designated Public Place Order made under section 59 and 63 and known as the Public Spaces Protection (Cheltenham) Order 2020 ("the Order") to automatically transition into the Public SpacesProtection (Cheltenham) Order 2020 ("the Original Order).

The land described in Schedule 1 being land in the area of the council is land to which the Act applies and is protected by the Order ("Designated Area").

The council in exercise of its power under section 60 of the Act and of all other enabling powers being satisfied that the conditions set out in section 60 of the Act have been met hereby extends the Original Order which came into force on 3 July 2020. The Original Order will be extended for a duration of 3 years and shall come into force on 09th November 2023. The following prohibitions are imposed on the use of the Designated Area:

General provisions

• A person who fails without reasonable excuse to comply with a requirement imposed on them by this Order will be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level two on the standard scale, or a fixed penalty notice of a maximum of £100.
• "Authorised Person" means a person authorised for the purposes of section 63 of the Anti-social Behaviour, Crime and Policing Act 2014 by the local authority that made this order.

Prohibiton of alcohol consumption

• No person shall refuse to stop drinking alcohol, or refuse to hand over any containers (sealed orunsealed) which are believed to contain alcohol, when required to do so by a constable or an authorised person in order to prevent public nuisance or disorder.

Where a constable or an authorised person reasonably believes that a person:

• is or has been consuming alcohol in breach of the Order; or
• intends toconsume alcoholin circumstances in whichdoingsowouldbe a breach of the Order;

The Constable or authorised person may require that person:

• not to consume alcohol or anything which the constable or authorised person reasonably believes to be alcohol;
• to surrender anything in their possession which is, or which the constable or authorised personreasonably believes tobe,alcoholoracontainer foralcohol.

Obligations on persons with dogs

Fouling

If a dog defecates at any time on land to which this Order applies, a person who is in charge of the dog at the time must remove the faeces from the land immediately unless:

• they have reasonable excuse for failing to do so; or
• the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

The offence does not apply to a person who:

• is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
• a person with a disability affecting their mobility, manual dexterity or ability to lift, carry or move everyday objects who relies upon a dog trained by a prescribed charity for assistance.

This applies to all land in the administrative area of the Authority 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.

Dogs on leads when directed

A person in charge of a dog on land to which this Order applies must comply with a direction given to them by an Authorised Person of the Authority to put and keep the dog on a lead unless:

• they have reasonable excuse for failing to do so; or
• the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

An Authorised Person may only give a direction under this order if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog that is likely to cause annoyance or disturbance to any other person, or to a bird or another animal.

This applies to all land in the administrative area of the Authority 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.

Dogs on leads in specified areas

A person in charge of a dog must keep the dog on a lead in Designated Area unless:

• they have reasonable excuse for failing to do so; or
• the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to them failing to do so.

Dog exclusion in specified areas

A person in charge of a dog must not take it into areas of the Authority's owned land which has been designated to exclude dogs unless:

• they have reasonable excuse for failing to do so; or
• the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

The Designated Areas of land to exclude dogs are:

• children's playgrounds and areas which are designated and marked for children's play;
• all games areas e.g. tennis, ball courts, wheeled sports areas;
• all bowling greens;
• marked playing pitches -when in use for playing sports.

The offence does not apply to a person who:

• is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
• a person with a disability affecting their mobility, manual dexterity or ability to lift, carry or move everyday objects who relies upon a dog trained by a prescribed charity for assistance.

Walking more than 4 dogs

No one person may take more than 4 dogs onto any area of the Authority's owned land at any one time.

This applies to the land specified in Schedule 1 of this Order.

Failing to produce a receptacle for picking up dog faeces

A person in charge of a dog on land to which this order applies must have with them an appropriate means to pick up dog faeces deposited by that dog unless:

• they have reasonable excuse for failing to do so; or
• the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

The obligation is complied with if, after a request from an Authorised Person, the person in charge of the dog produces an appropriate receptacle to pick up dog faeces. A receptacle is defined as any object capable of holding faeces for disposal.

By way of guidance, a trouser or coat or other pocket is not such an item for the purpose of this obligation. Neither is a handbag, rucksack, purse or sports bag.

The offence does not apply to a person who:

• is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
• a person with a disability affecting their mobility, manual dexterity or ability to lift, carry or move everyday objects who relies upon a dog trained by a prescribed charity for assistance.

This applies to all land in the administrative area of the Authority to which the public or any section of the public has access, on payment or otherwise, as or right or by virtue of express or implied permission.