Q&As

What enforcement options does a local authority have to prevent use of an open space by businesses, schools or groups without permission or payment?

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Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council
Published on LexisPSL on 05/10/2016

The following Local Government Q&A produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council provides comprehensive and up to date legal information covering:

  • What enforcement options does a local authority have to prevent use of an open space by businesses, schools or groups without permission or payment?
  • Enforcement of byelaws
  • Public spaces protection orders
  • Creation of byelaws

Enforcement of byelaws

Under section 12 of the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982), constables may prosecute for the enforcement of byelaws that have been made by a relevant local authority under any enactment.

Section 237 of the Local Government Act 1972 (LGA 1972) provides that byelaws may fix reasonable fines, recoverable on summary conviction, not exceeding the amount fixed by the enabling Act, or if no amount is fixed, a sum not exceeding Level 1 on the standard scale. In the case of a continuing offence, there is a further fine not exceeding the sum fixed, or where no sum is fixed, £5 for each day during which the offence continues after conviction.

For further information on the enforceability of byelaws, see I Byelaws generally: Arnold Baker Local Council Administration [21.27].

Public spaces protection orders

The Anti-Social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) empowers councils to deal with people who behave anti-socially on open spaces. These measures include issuing a community protection notice and of more re

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