Our policies, plans and strategies - Public Space Protection Order - controlled drinking zones

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About this page

As of the 25 August 2016 a Public Space Protection Order (PSPO) in relation to alcohol related anti-social behaviour has taken effect across the Harborough District and replaced a number of out of date by-laws to create a more comprehensive and consistent approach when dealing with issues.

In summary this order makes it an offence:

  • To consume, in breach of the order, alcohol, or anything which a constable, police community support officer or authorised person reasonably believes to be alcohol
  • Not to surrender anything in your possession which is, or which the constable, police community support officer or authorised person reasonably believes to be, alcohol or a container for alcohol

Any breach of the Order could result in an arrest and a fine of up to £500.

Challenging the order

Any challenge to this order must be made in the High Court by an interested person within 6 weeks of it being made. An interested person is someone who lives in, regularly works in, or visits the restricted area. This means that only those who are directly affected by the restrictions have the power to challenge. Interested persons can challenge the validity of this order on two grounds:

  • That the authority did not have power to make the order or to include particular prohibitions or requirements
  • That one of the requirements of the legislation, for instance consultation, has not been complied with

When an application is made the High Court can decide to suspend the operation of the order pending the court’s decision, in part or in totality. The High Court has the ability to uphold the order, or quash it, or vary it.

The Public Space Protection Order will be in place for a period of 3 years from the start date.

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