What happens if you don't comply with this order
Alcohol
Section 63 of the Anti-Social Behaviour Crime, and Policing Act 2014 provides that where a constable or authorised person has reason to believe that a person has been consuming alcohol in breach of this PSPO or intends to consume alcohol in circumstances which would be a breach of this PSPO, the constable or authorised person may require that person not to consume alcohol or anything which is reasonably believed to be alcohol and/or surrender anything believed to be alcohol or a container for alcohol. Failure to comply without having a reasonable excuse is an offence. A requirement is not valid if, when asked to do to, the constable or authorised person, fails to show evidence of their authorisation. Section 62 (set out in full below) contains a list of exceptions where the ban on consuming alcohol does not apply).
Criminal offence
Section 67 of the Anti-Social Behaviour Crime, and Policing Act 2014 says that it is a criminal offence for a person without reasonable excuse:
- to do anything that the person is prohibited from doing by a public spaced protection order, or
- to fail to comply with a requirement to which the person is subject under a public spaces protection order.
Penalty
A person who is guilty of an offence under this Order shall be liable to a £100 Fixed Penalty Notice, or upon summary conviction to a fine not exceeding level 3 (£1000) on the standard scale.
Appeals
Any challenge to this order must be made in the High Court by an interested person within six weeks of it being made. An interest person is someone who lives in, regularly works in or visits the Restricted Areas. This means that only those who are directly affected by the restrictions have the power to challenge. The right to challenge also exists where an order is varied by the Council. Interested persons can challenge the validity of this order on two grounds: that the Council did not have the power to make the order, or to include particular prohibitions or requirements; or that one of the requirements of the legislation 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 or quash the order or any of its prohibitions or requirements.