Anti-social Behaviour, Crime and Policing Bill (HL Bill 52)

inserted—

“(ac) the power of a constable to issue a fixed penalty notice under
section 49 of the Anti-social Behaviour, Crime and Policing
Act 2013 (fixed penalty notice in respect of failure to comply
5with community protection notice);”.

Supplemental

51 Exemption from liability

(1) A local authority exercising or purporting to exercise a power under section
44(2) is not liable to an occupier or owner of land for damages or otherwise
10(whether at common law or otherwise) arising out of anything done or omitted
to be done in the exercise or purported exercise of that power.

(2) A person carrying out work under section 44(2), or a person by or on whose
behalf work is carried out under section 46(2)(b), is not liable to an occupier or
owner of land for damages or otherwise (whether at common law or
15otherwise) arising out of anything done or omitted to be done in carrying out
that work.

(3) Subsections (1) and (2) do not apply—

(a) to an act or omission shown to have been in bad faith, or

(b) to liability arising out of a failure to exercise due care and attention.

(4) 20Subsections (1) and (2) do not apply so as to prevent an award of damages
made in respect of an act or omission on the ground that the act or omission
was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

(5) This section does not affect any other exemption from liability (whether at
common law or otherwise).

52 25Issuing of notices

(1) A notice under this Chapter may be issued to a person by—

(a) handing it to the person,

(b) leaving it at the person’s proper address, or

(c) sending it by post to the person at that address.

(2) 30A notice under this Chapter to a body corporate may be issued to the secretary
or clerk of that body.

(3) A notice under this Chapter to a partnership may be issued to a partner or a
person who has the control or management of the partnership business.

(4) For the purposes of this section and of section 7 of the Interpretation Act 1978
35(service of documents by post) in its application to this section, the proper
address of a person is the person’s last known address, except that—

(a) in the case of a body corporate or its secretary or clerk, it is the address
of the body’s registered or principal office;

(b) in the case of a partnership or person having the control or the
40management of the partnership business, it is the principal office of the
partnership.

(5) For the purposes of subsection (4) the principal office of a company registered
outside the United Kingdom, or of a partnership carrying on business outside
the United Kingdom, is its principal office within the United Kingdom.

(6) If a person has specified an address in the United Kingdom, other than the
5person’s proper address within the meaning of subsection (4), as the one at
which the person or someone on the person’s behalf will accept notices of the
same description as a notice under this Chapter, that address is also treated for
the purposes of this section and section 7 of the Interpretation Act 1978 as the
person’s proper address.

53 10Interpretation of Chapter 1

In this Chapter—

• “conduct” includes a failure to act;

• “local authority” means—

  (a)

  in relation to England, a district council, a county council for an
  15area for which there is no district council, a London borough
  council, the Common Council of the City of London or the
  Council of the Isles of Scilly;

  (b)

  in relation to Wales, a county council or a county borough
  council;

• 20“owner”, in relation to premises, means—

  (a)

  a person (other than a mortgagee not in possession) entitled to
  dispose of the fee simple of the premises, whether in possession
  or in reversion;

  (b)

  a person who holds or is entitled to the rents and profits of the
  25premises under a lease that (when granted) was for a term of not
  less then 3 years;

• “premises” includes any land.

54 Saving and transitional provision

(1) The repeal or amendment by this Act of provisions about any of the notices
30specified in subsection (2) does not apply in relation to—

(a) a notice specified in that subsection served before the commencement
day;

(b) anything done in connection with such a notice.

(2) The notices are—

(a) 35a litter abatement notice under section 92 of the Environmental
Protection Act 1990;

(b) a litter clearing notice under section 92A of that Act;

(c) a street litter control notice under section 93 of that Act;

(d) a defacement removal notice under section 48 of the Anti-social
40Behaviour Act 2003.

(3) A community protection notice that contains no requirement that could not
have been contained in one of the notices specified in subsection (2) may be
issued in respect of conduct before the commencement day.

(4) Subsection (3) applies only during the period of 3 months beginning with the
45commencement day.

(5) In this section “commencement day” means the day on which this Chapter
comes into force.

CHAPTER 2 Public spaces protection orders

Public spaces protection orders

55 5Power to make orders

(1) A local authority may make a public spaces protection order if satisfied on
reasonable grounds that two conditions are met.

(2) The first condition is that—

(a) activities carried on in a public place within the authority’s area have
10had a detrimental effect on the quality of life of those in the locality, or

(b) it is likely that activities will be carried on in a public place within that
area and that they will have such an effect.

(3) The second condition is that the effect, or likely effect, of the activities—

(a) is, or is likely to be, of a persistent or continuing nature,

(b) 15is, or is likely to be, such as to make the activities unreasonable, and

(c) justifies the restrictions imposed by the notice.

(4) A public spaces protection order is an order that identifies the public place
referred to in subsection (2) (“the restricted area”) and—

(a) prohibits specified things being done in the restricted area,

(b) 20requires specified things to be done by persons carrying on specified
activities in that area, or

(c) does both of those things.

(5) The only prohibitions or requirements that may be imposed are ones that are
reasonable to impose in order—

(a) 25to prevent the detrimental effect referred to in subsection (2) from
continuing, occurring or recurring, or

(b) to reduce that detrimental effect or to reduce the risk of its continuance,
occurrence or recurrence.

(6) A prohibition or requirement may be framed—

(a) 30so as to apply to all persons, or only to persons in specified categories,
or to all persons except those in specified categories;

(b) so as to apply at all times, or only at specified times, or at all times
except those specified;

(c) so as to apply in all circumstances, or only in specified circumstances,
35or in all circumstances except those specified.

(7) A local authority making a public spaces protection order must before doing
so consult—

(a) the chief officer of police, and the local policing body, for the police area
that includes the restricted area;

(b) 40whatever community representatives the local authority thinks it
appropriate to consult.

(8) A public spaces protection order must—

(a) identify the activities referred to in subsection (2);

(b) explain the effect of section 59 (where it applies) and section 63;

(c) specify the period for which the order has effect.

(9) 5A public spaces protection order must be published in accordance with
regulations made by the Secretary of State.

56 Duration of orders

(1) A public spaces protection order may not have effect for a period of more than
3 years, unless extended under this section.

(2) 10Before the time when a public spaces protection order is due to expire, the local
authority that made the order may extend the period for which it has effect if
satisfied on reasonable grounds that doing so is necessary to prevent—

(a) occurrence or recurrence after that time of the activities identified in the
order, or

(b) 15an increase in the frequency or seriousness of those activities after that
time.

(3) An extension under this section—

(a) may not be for a period of more than 3 years;

(b) must be published in accordance with regulations made by the
20Secretary of State.

(4) A public spaces protection order may be extended under this section more than
once.

(5) A local authority extending the period for which a public spaces protection
order has effect must before doing so consult—

(a) 25the chief officer of police, and the local policing body, for the police area
that includes the restricted area;

(b) whatever community representatives the local authority thinks it
appropriate to consult.

57 Variation and discharge of orders

(1) 30Where a public spaces protection order is in force, the local authority that made
the order may vary it—

(a) by increasing or reducing the restricted area;

(b) by altering or removing a prohibition or requirement included in the
order, or adding a new one.

(2) 35A local authority may make a variation under subsection (1)(a) that results in
the order applying to an area to which it did not previously apply only if the
conditions in section 55(2) and (3) are met as regards activities in that area.

(3) A local authority may make a variation under subsection (1)(b) that makes a
prohibition or requirement more extensive, or adds a new one, only if the
40prohibitions and requirements imposed by the order as varied are ones that
section 55(5) allows to be imposed.

(4) A public spaces protection order may be discharged by the local authority that
made it.

(5) A local authority varying or discharging a public spaces protection order must
before doing so consult—

(a) the chief officer of police, and the local policing body, for the police area
that includes the restricted area;

(b) 5whatever community representatives the local authority thinks it
appropriate to consult.

(6) In relation to a variation that would increase the restricted area, the restricted
area for the purposes of subsection (5) is the increased area.

(7) Where an order is varied, the order as varied must be published in accordance
10with regulations made by the Secretary of State.

(8) Where an order is discharged, a notice identifying the order and stating the
date when it ceases to have effect must be published in accordance with
regulations made by the Secretary of State.

Prohibition on consuming alcohol

58 15Premises etc to which alcohol prohibition does not apply

(1) A prohibition in a public spaces protection order on consuming alcohol does
not apply to—

(a) premises (other than council-operated licensed premises) authorised
by a premises licence to be used for the supply of alcohol;

(b) 20premises authorised by a club premises certificate to be used by the
club for the supply of alcohol;

(c) a place within the curtilage of premises within paragraph (a) or (b);

(d) premises which by virtue of Part 5 of the Licensing Act 2003 may at the
relevant time be used for the supply of alcohol or which, by virtue of
25that Part, could have been so used within the 30 minutes before that
time;

(e) a place where facilities or activities relating to the sale or consumption
of alcohol are at the relevant time permitted by virtue of a permission
granted under section 115E of the Highways Act 1980 (highway-related
30uses).

(2) A prohibition in a public spaces protection order on consuming alcohol does
not apply to council-operated licensed premises—

(a) when the premises are being used for the supply of alcohol, or

(b) within 30 minutes after the end of a period during which the premises
35have been used for the supply of alcohol.

(3) In this section—

• “club premises certificate” has the meaning given by section 60 of the
  Licensing Act 2003;

• “premises licence” has the meaning given by section 11 of that Act;

• 40“supply of alcohol” has the meaning given by section 14 of that Act.

(4) For the purposes of this section, premises are “council-operated licensed
premises” if they are authorised by a premises licence to be used for the supply
of alcohol and—

(a) the licence is held by a local authority in whose area the premises (or
45part of the premises) are situated, or

(b) the licence is held by another person but the premises are occupied by
a local authority or are managed by or on behalf of a local authority.

59 Consumption of alcohol in breach of prohibition in order

(1) This section applies where a constable or an authorised person reasonably
5believes that a person (P)—

(a) is or has been consuming alcohol in breach of a prohibition in a public
spaces protection order, or

(b) intends to consume alcohol in circumstances in which doing so would
be a breach of such a prohibition.

10In this section “authorised person” means a person authorised for the purposes
of this section by the local authority that made the public spaces protection
order (or authorised by virtue of section 65(1)).

(2) The constable or authorised person may require P—

(a) not to consume, in breach of the order, alcohol or anything which the
15constable or authorised person reasonably believes to be alcohol;

(b) to surrender anything in P’s possession which is, or which the
constable or authorised person reasonably believes to be, alcohol or a
container for alcohol.

(3) A constable or an authorised person who imposes a requirement under
20subsection (2) must tell P that failing without reasonable excuse to comply with
the requirement is an offence.

(4) A requirement imposed by an authorised person under subsection (2) is not
valid if the person—

(a) is asked by P to show evidence of his or her authorisation, and

(b) 25fails to do so.

(5) A constable or an authorised person may dispose of anything surrendered
under subsection (2)(b) in whatever way he or she thinks appropriate.

(6) A person who fails without reasonable excuse to comply with a requirement
imposed on him or her under subsection (2) commits an offence and is liable
30on summary conviction to a fine not exceeding level 2 on the standard scale.

Restrictions on public rights of way

60 Orders restricting public right of way over highway

(1) A local authority may not make a public spaces protection order that restricts
the public right of way over a highway without considering—

(a) 35the likely effect of making the order on the occupiers of premises
adjoining or adjacent to the highway;

(b) the likely effect of making the order on other persons in the locality;

(c) in a case where the highway constitutes a through route, the
availability of a reasonably convenient alternative route.

(2) 40Before making such an order a local authority must—

(a) notify potentially affected persons of the proposed order,

(b) inform those persons how they can see a copy of the proposed order,

(c) notify those persons of the period within which they may make
representations about the proposed order, and

(d) consider any representations made.

In this subsection “potentially affected persons” means occupiers of premises
5adjacent to or adjoining the highway, and any other persons in the locality who
are likely to be affected by the proposed order.

(3) Before a local authority makes a public spaces protection order restricting the
public right of way over a highway that is also within the area of another local
authority, it must consult that other authority if it thinks it appropriate to do so.

(4) 10A public spaces protection order may not restrict the public right of way over
a highway for the occupiers of premises adjoining or adjacent to the highway.

(5) A public spaces protection order may not restrict the public right of way over
a highway that is the only or principal means of access to a dwelling.

(6) In relation to a highway that is the only or principal means of access to
15premises used for business or recreational purposes, a public spaces protection
order may not restrict the public right of way over the highway during periods
when the premises are normally used for those purposes.

(7) A public spaces protection order that restricts the public right of way over a
highway may authorise the installation, operation and maintenance of a
20barrier or barriers for enforcing the restriction.

(8) A local authority may install, operate and maintain barriers authorised under
subsection (7).

(9) A highway over which the public right of way is restricted by a public spaces
protection order does not cease to be regarded as a highway by reason of the
25restriction (or by reason of any barrier authorised under subsection (7)).

(10) In this section—

• “dwelling” means a building or part of a building occupied, or intended
  to be occupied, as a separate dwelling;

• “highway” has the meaning given by section 328 of the Highways Act
  301980.

61 Categories of highway over which public right of way may not be restricted

(1) A public spaces protection order may not restrict the public right of way over
a highway that is—

(a) a special road;

(b) 35a trunk road;

(c) a classified or principal road;

(d) a strategic road;

(e) a highway in England of a description prescribed by regulations made
by the Secretary of State;

(f) 40a highway in Wales of a description prescribed by regulations made by
the Welsh Ministers.

(2) In this section—

• “classified road”, “special road” and “trunk road” have the meaning given
  by section 329(1) of the Highways Act 1980;

• 45“highway” has the meaning given by section 328 of that Act;

Anti-social Behaviour, Crime and Policing BillPage 37

• “principal road” has the meaning given by section 12 of that Act (and see
  section 13 of that Act);

• “strategic road” has the meaning given by section 60(4) of the Traffic
  Management Act 2004.

5Validity of orders

62 Challenging the validity of orders

(1) An interested person may apply to the High Court to question the validity of—

(a) a public spaces protection order, or

(b) a variation of a public spaces protection order.

10“Interested person” means an individual who lives in the restricted area or
who regularly works in or visits that area.

(2) The grounds on which an application under this section may be made are—

(a) that the local authority did not have power to make the order or
variation, or to include particular prohibitions or requirements
15imposed by the order (or by the order as varied);

(b) that a requirement under this Chapter was not complied with in
relation to the order or variation.

(3) An application under this section must be made within the period of 6 weeks
beginning with the date on which the order or variation is made.

(4) 20On an application under this section the High Court may by order suspend the
operation of the order or variation, or any of the prohibitions or requirements
imposed by the order (or by the order as varied), until the final determination
of the proceedings.

(5) If on an application under this section the High Court is satisfied that—

(a) 25the local authority did not have power to make the order or variation,
or to include particular prohibitions or requirements imposed by the
order (or by the order as varied), or

(b) the interests of the applicant have been substantially prejudiced by a
failure to comply with a requirement under this Chapter,

30the Court may quash the order or variation, or any of the prohibitions or
requirements imposed by the order (or by the order as varied).

(6) A public spaces protection order, or any of the prohibitions or requirements
imposed by the order (or by the order as varied), may be suspended under
subsection (4) or quashed under subsection (5)—

(a) 35generally, or

(b) so far as necessary for the protection of the interests of the applicant.

(7) The validity of a public spaces protection order, or of a variation of a public
spaces protection order, may not be challenged in any legal proceedings, either
before or after it is made, except under this section or section 63(3).

40Failure to comply with orders

63 Offence of failing to comply with order

(1) It is an offence for a person without reasonable excuse—

(a) to do anything that the person is prohibited from doing by a public
spaces protection order, or

(b) to fail to comply with a requirement to which the person is subject
under a public spaces protection order.

(2) 5A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

(3) A person does not commit an offence under this section by failing to comply
with a prohibition or requirement that the local authority did not have power
to include in the public spaces protection order.

(4) 10Consuming alcohol in breach of a public spaces protection order is not an
offence under this section (but see section 59).

64 Fixed penalty notices

(1) A constable or an authorised person may issue a fixed penalty notice to anyone
he or she has reason to believe has committed an offence under section 59 or 63
15in relation to a public spaces protection order.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the
opportunity of discharging any liability to conviction for the offence by
payment of a fixed penalty to a local authority specified in the notice.

(3) The local authority specified under subsection (2) must be the one that made
20the public spaces protection order.

(4) Where a person is issued with a notice under this section in respect of an
offence—

(a) no proceedings may be taken for the offence before the end of the
period of 14 days following the date of the notice;

(b) 25the person may not be convicted of the offence if the person pays the
fixed penalty before the end of that period.

(5) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to
constitute the offence;

(b) 30state the period during which (because of subsection (4)(a))
proceedings will not be taken for the offence;

(c) specify the amount of the fixed penalty;

(d) state the name and address of the person to whom the fixed penalty
may be paid;

(e) 35specify permissible methods of payment.

(6) An amount specified under subsection (5)(c) must not be more than £100.

(7) A fixed penalty notice may specify two amounts under subsection (5)(c) and
specify that, if the lower of those amounts is paid within a specified period (of
less than 14 days), that is the amount of the fixed penalty.

(8) 40Whatever other method may be specified under subsection (5)(e), payment of
a fixed penalty may be made by pre-paying and posting to the person whose
name is stated under subsection (5)(d), at the stated address, a letter containing
the amount of the penalty (in cash or otherwise).

(9) Where a letter is sent as mentioned in subsection (8), payment is regarded as
having been made at the time at which that letter would be delivered in the
ordinary course of post.

(10) In any proceedings, a certificate that—

(a) 5purports to be signed by or on behalf of the chief finance officer of the
local authority concerned, and

(b) states that payment of a fixed penalty was, or was not, received by the
dated specified in the certificate,

is evidence of the facts stated.

(11) 10In this section—

• “authorised person” means a person authorised for the purposes of this
  section by the local authority that made the order (or authorised by
  virtue of section 65(2));

• “chief finance officer”, in relation to a local authority, means the person
  15with responsibility for the authority’s financial affairs.

Supplemental

65 Powers of community support officers

(1) In Part 1 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by
community support officers), for paragraph 5 there is substituted—

20“Alcohol consumption in restricted areas

5 Where a designation applies this paragraph to any person, that
person shall, within the relevant police area, have the powers of a
constable under section 59 of the Anti-social Behaviour, Crime and
Policing Act 2013 (consumption of alcohol in breach of prohibition in
25public spaces protection order)—

(a) to impose a requirement under subsection (2) of that section;
and

(b) to dispose under subsection (5) of that section of anything
surrendered to the person;

30and that section shall have effect in relation to the exercise of those
powers by that person as if the references to a constable were
references to that person.”

(2) In paragraph 1 of that Schedule (power of community support officers to issue
fixed penalty notices), after paragraph (e) of sub-paragraph (2) there is
35inserted—

“(f) the power of a constable to issue a fixed penalty notice under
section 64 of the Anti-social Behaviour, Crime and Policing
Act 2013 (fixed penalty notice in respect of failure to comply
with public spaces protection order).”

66 40Byelaws

(1) A byelaw that prohibits, by the creation of an offence, an activity regulated by
a public spaces protection order is of no effect in relation to the restricted area
during the currency of the order.