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Anti-social Behaviour, Crime and Policing Act 2014
Notice is hereby given that the City of Wolverhampton Council in exercise of its powers under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2017 intends to bring into force on 6 April 2017 a Public Space Protection Order.
The order is further to the public consultation carried out on 6 January-17 February 2017 and approved by Cabinet on 22 February 2017. The effect of the order will be to:
i) Revoke the existing Designated Public Place Order and establish a Public Space Protection Order (PSPO) authorising Police to require a person to stop drinking and surrender alcohol where anti-social behaviour (ASB) is occurring or is likely to occur anywhere within the Wolverhampton Local Authority boundary. Any person who, without reasonable excuse, fails to comply with a Police Officer's request may commit an offence and be liable to prosecution. The following exclusions apply:
The PSPO cannot be used to restrict the consumption of alcohol where the premises or its curtilage (a beer garden or pavement seating area) is licensed for the supply of alcohol. There are also limitations where either Part 5 of the Licensing Act 2003 or section 115E of the Highways Act 1980 applies, as these already provide safeguards against ASB.
ii) Impose an outright public drinking ban covering St Peter's and Park wards, which includes the City Centre, subject to the application of exclusions detailed above. The prohibitions would include a waivering option to allow for public drinking at organised events within these locations via applications are made for temporary event notices through the Council's Licensing Team. Breach of PSPO prohibitions can result in fixed penalty notices being issued by authorised Council Officers or other persons designated by the Council. A penalty charge of £80 will be applicable in these circumstances.
The approved order will take effect from 6am on Thursday 6 April 2017.
Queries regarding these proposals should be directed to:
Wolverhampton City Council, Legal Services, Civic Centre, St Peter's Square, Wolverhampton, WV1 1RG (DX744350 Wolverhampton 27)