Q&As

When making a public space protection order, can the local authority rely on witness evidence that was given more than a year ago or does it need to be more current?

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Published on LexisPSL on 11/12/2019

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • When making a public space protection order, can the local authority rely on witness evidence that was given more than a year ago or does it need to be more current?

When making a public space protection order, can the local authority rely on witness evidence that was given more than a year ago or does it need to be more current?

When making public space protection order (PSPO), a local authority is required to adhere to sections 59–75 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) and the Home Office guidance:Anti-social Behaviour, Crime and Policing Act 2014: Anti-social behaviour powers; Statutory guidance for frontline professionals.

Pages 47-57 of the guidance set out the matters that must be taken into consideration by a local authority when determining whether or not they are satisfied on reasonable grounds that the activity or behaviour concerned, carried out, or likely to be carried out in a public space:

  1. has had, or is likely to have, a detrimental effect on the quality of life of those in the locality

  2. is, or is likely to be, persistent or continuing in nature

  3. is, or is likely to be, unreasonable, and

  4. justifies the restrictions imposed

Among the steps necessary is consultation with the police, landowners, members of the public likely to be impacted by the decision and elected representatives of the area. Further obligations on notification to other public authorities and publication of the proposed order are also mandated. See Practice Note: Anti-social behaviour—environmental breaches, in particular section: Public Spaces Protection Order (ABCPA 2014,

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