Draft Waterways Public Spaces Protection Order for Consultation

Consultation and enforcement

Consultation 

We are in the process of consulting on a draft Order. We will be undertaking the consultation in two phases.

  • Phase 1 will involve engagement with the boating community, riparian land owners, public bodies and river users. The outcome of this phase may result in the draft Order being amended.
  • Phase 2 involves wider public consultation through an on-line questionnaire to ascertain the views of the general public.

Once the consultation has finished, the results will be presented to the City Executive Board who will decide whether or not to implement an Order, and if so, the content of the Order.

The Consultation Project Brief can be downloaded below:

Consultation Brief - Draft Waterways PSPO for consultation

Enforcement of the Order

The PSPO is a responsive tool. If members of the public complain about an incident, or officers come across an issue, our officers will investigate. If the behaviour is, or is likely to, cause a nuisance, we will give advice to the person and request that they stop. If they then ignore our requests and advice, the PSPO provides officers or police with the option to take enforcement action.

The PSPO legislation allows breaches of an Order where there is “reasonable excuse”. The approach to enforcement is set out in the Council’s Corporate Enforcement Policy that requires officers to use the lowest level of intervention suitable to the circumstances.

Our experience of the City Centre PSPO is it is a suitable intervention for the small number of people that breach the restrictions in the Order. Words of advice are enough to deal with the vast majority of breaches.

Offences can be dealt with by a £100 Fixed Penalty Notice or, if prosecuted through the courts, a maximum £1,000 fine. This will be a last resort after the individual has been given advice and asked to stop. A Fixed Penalty Notice does not result in a criminal record. Ultimately officers would have to explain their actions in court and demonstrate why these actions were reasonable.