Public Spaces Protection Order - frequently asked questions

What does PSPO mean?   

PSPO is an abbreviation for Public Spaces Protection Order.   

A PSPO is a tool available to councils under the Anti-Social Behaviour, Crime and Policing Act 2014 and are intended to be used to deal with a particular nuisance or problem in a specific area that is having a detrimental effect to the local community's quality of life, by imposing conditions on the use of that area which apply to everyone.  

They are intended to help ensure that the law-abiding majority can use and enjoy public spaces, safe from anti-social behaviour.   

Why are we doing this?

We are committed to listening to our residents and acting on what they tell us. Feedback from residents' surveys, has highlighted that crime and antisocial behaviour should be a focus for the council.  

There have been a significant number of complaints made to the council, elected members, police, registered social landlords and housing associations around the issues of public safety and nuisance, as well as the issues that the council and our partners regularly witness.

The PSPO has been drafted in response to complaints about persistent nuisance behaviour and the evidence, which has been gathered from our records and data provided by the police.

Can I be stopped or arrested for carrying alcohol on the streets?   

The PSPO is used to tackle alcohol-related anti-social behaviour, or disorder. Under these circumstances Police Constables, or other authorised persons such as a Neighbourhood Warden, have powers to stop people who are drinking alcohol and acting, or likely to act, in an anti-social manner and seize, or confiscate alcohol within the area covered by the PSPO. If you fail to comply with an authorised officer's request to stop drinking and/or dispose of alcohol, you could face prosecution or be issued with a Fixed Penalty Notice.   

Events within a public place which have an authorised Premises Licence, or a Temporary Event Notice (TEN) will be excluded from the PSPO powers during the time for which the licence is approved.   

Why do we need a PSPO restricting drinking alcohol in public places?  

Excessive drinking can lead to behaviours that make people feel intimidated and unsafe, rowdy behaviour, noise nuisance, public urination, and littering. When these behaviours arise, authorities need to be able to respond swiftly and prevent them escalating. Being able to prevent continued drinking is an effective, low-level intervention.

What about drinking alcohol outside pubs and bars?  

The order is not designed to interfere with the conditions that apply to licensed premises. However, drinking beyond the legal boundary of the premises would mean that the order applies and therefore an authorised officer would have the power to issue a requirement under the order.  

Why do we need a PSPO banning the use of psychoactive substances in public places?  

A psychoactive substance is a drug or other substance that affects how the brain works and causes changes in mood, awareness, thoughts, feelings, or behaviour. 

These drugs have the capacity to stimulate or depress the central nervous system.

This is due to one or more chemical substances used in the manufacturing process, and the effects of taking them can cause erratic behaviour which can often be threatening to other people and/or anti-social.  

Why do we need a PSPO restricting unauthorised street events on public highways?  

Restrictions are required to prevent unauthorised events being held on adopted highways by non-charitable, non-educational or profit-making organisations. Where unauthorised events are being held without the necessary licence, consent, or certificate, this can lead to concerns with public safety, or issues associated with obstructions of the highway, which can prevent vehicular, or pedestrian access.  

Why do we need a PSPO banning smoking tobacco and vaping in playgrounds and designated sports areas?  

Public Health, Northumbria Police, and the Neighbourhood Enforcement Team have all seen an increase in people smoking and vaping, by both adults and youths, in children's play areas and outdoor sporting facilities.  

Therefore, by prohibiting any person from smoking, or vaping in all designated play and sporting facilities, through the inclusion of the restrictions this will contribute to creating a smoke free generation and will help tackle youth vaping, as well as protect children from second-hand smoke and vaping aerosols. 

Why do we need a PSPO for public urination and defecation?  

It is not acceptable for anyone to either urinate or defecate in a public place.

As well as the obvious public health and environmental concerns, persons who are relieving themselves at will in public are often drunk, or under the influence of psychoactive substances.

People may relieve themselves in close proximity to restaurants, fast food outlets, and coffee shops. It also takes place on the public highway at entrances to resident's homes and in parks and open spaces where members of the public often sit.  

The smell of such activity can be overwhelming, not to mention the alarm it can cause to those passers-by that witness such activity. The removal of urinating and defection is costly to the council, businesses, and residents.  

Why do we need a PSPO for spitting and discarding chewing gum?  

Members of the public report spitting as being disgusting and anti-social. It also can spread disease. 

Littering of chewing gum in some locations is high and it causes staining to the public highway, whilst binding to other types of dirt and detritus. The effects of this can cause permanent damage to the public highway's, pavements and it is very costly for the council to remove.  

Why do we need a PSPO restricting bird feeding (gulls and pigeons)?  

Bird feeding in public spaces has a detrimental effect on residents and businesses by attracting large flocks of birds and other vermin. Birds nesting and defecating is a public health nuisance, it has the potential to cause disease and is unsightly. The removal of bird defection is costly to the council, businesses, and residents. 

The resultant defecation from large flocks of birds can also deter or prevent other members of the public from using parks and open spaces for their intended use. 

Why do we need a PSPO in relation to dog controls?  

Those who use the council's parks, cemeteries, open spaces, and beaches to exercise their dogs, need to do this in a responsible manner. As a dog owner, you may understand your dog's behaviour but not all members of the public, or other animals, feel the same about this.  

Therefore, we believe that it's a matter of balancing the need of exercising dogs without having a negative impact on others using the same space. It's important to keep dogs under control, on leads where required and preventing them from entering areas where they are banned.   

It is not a defence to imply that you have not seen the signage that is displayed or that you were not aware that the PSPO restrictions were in force. 

An authorised officer can also request any person who is in charge of a dog to place it on a lead or reduce the length of a lead to a suitable length, to ensure that the dog is under control and 'at heel', even if there are no dog restrictions in place in that particular area. 

Walking 'to/at heel' is where a dog has been trained to walk at the human's side. They're not in front or behind them but right next to the walker, turning when they do and walking at the same pace.

Why do we need a PSPO in relation to dog fouling? 

Dog fouling is an issue that blights many of our communities and open spaces and therefore generates a massive number of complaints into the council, requiring enforcement and costly clean-up.  

It is an offence under the council's PSPO, if you are exercising a dog in a public area and you are not carrying the appropriate means to pick up dog faeces, or, if you do not immediately clean up after your dog has fouled.  

This applies to any land, which is open to the air and to which the public are permitted to have free access. 

It is not a defence to say: 

• I am coming back to pick the faeces up later
• I didn't see my dog foul
• I haven't got a bag with me (this is an offence in itself under the PSPO)  

Why do we need a PSPO for the unauthorised use of motor vehicles (including offroad motorcycles, quad bikes, e-scooters and e-bikes) in communities, parks, and open spaces?  

Illegal motorcycle and quad riding blights many of our communities and open spaces and is one of the primary subjects of complaints made to the council's Neighbourhood Enforcement Team and Northumbria Police. The unauthorised use of motorised vehicles in parks and open spaces is dangerous to members of the public and animals, as well as causing damage to the environment.  

Members of the public should be able to walk freely along our streets and explore our open spaces without expecting to come across motor vehicles. As well as being dangerous, this behaviour is anti-social and intimidating and can be often linked to other types of crime such as the dealing of drugs. 

Police and council surveys have consistently highlighted motorcycle related disorder as a prominent issue for residents.

Why do we need a PSPO restricting the unauthorised use of motor vehicles (car cruising)? 

This allows the council to prohibit antisocial activities associated with car cruising, causing danger or risk of injury to road users (including pedestrians), causing damage or risk of damage to property, speeding or racing, performing stunts, sounding horns, or playing loud music, so as to cause a nuisance or annoyance, using foul or abusive language, using threatening or intimidating behaviour; or causing obstruction (whether moving or stationary). 

It is an offence under the PSPO to promote, organise, or publicise car cruising meetings, via email, the internet, Facebook, X (Twitter) or similar social media, as well as publicising or broadcasting any 'car cruising' activity which has occurred within the Sunderland City Council area.  

It is also an offence to attend any meeting of two or more vehicles in a public space either as a vehicle owner, driver, passenger, or spectator and engaging in any activity that a reasonable person would consider to be "car cruising". 

Why do we need a PSPO relating to household waste?

Presenting the right waste in the correct bin, on the right day and week assists the council in offering its residents of with an efficient refuse collection service, whilst also providing other environmental benefits.

To ensure that household waste is correctly presented for collection, the council can serve you with a notice under Section 46 of the Environmental Protection Act 1990, which clearly sets out your legal obligations for presenting your household waste (including recyclable materials and garden waste) for collection.

The Notice explains:

• How to present your wheeled bins for collection
• Not to put extra loose or bagged waste out beside your wheeled bin (side waste)
• How not to contaminate your recycling wheeled bin and enclosed caddy

Failure to adhere to requirements set out in the notice is an offence under the PSPO.

Why do we need a PSPO prohibiting bin raking? 

Individuals engaging in this activity look for semi valuable items from household and business bins. This is for them to consume, keep, or sell on, or to get personal details. A frequent problem associated with bin raking or 'raiding' is identity theft.

Most bin rakers do not return the displaced litter to the bin they removed it from, but instead discarding it around the bin, leaving our city centre, streets, lanes, and public places in a mess and providing the opportunity to attract vermin. 

Why do we need a PSPO for the antisocial use of skateboards and stunt bicycles? 

The use of a skateboards, scooters, bicycles, self-propelled vehicles, or skates, in such a manner that causes damage to public spaces, property, or causes annoyance to other people in the area was supported by the vast majority of residents during consultation.  

Why do we need PSPO prohibiting the removal of shopping trolleys from retail premises? 

Trolleys are private property which are owned by retailers for use by their paying customers. Like any private property, they should not be taken without consent from the store premises or associated carparks etc.  

Most people who remove trolleys to transport their shopping home, do not return them.

These trolleys are then either filled with waste and set alight, abandoned, discarded in waterways, green spaces, and public highways, and therefore become an eyesore as well as posing a danger to wildlife and people. 

How is the PSPO enforced?

• Officers from both the council's Neighbourhood Enforcement Team and Northumbria Police, including Police Community Support Officers (PCSOs), are authorised to enforce the PSPO
• Failure to adhere to a Public Space Protection Order is an offence contrary to: Section 67 of the Anti-Social Behaviour Crime and Policing Act of 2014
• Officers from the above agencies who observe PSPO breaches are authorised to issue offenders with Fixed Penalty Notices (FPN), which are currently set at £100
• Breach of a PSPO is a criminal offence subject to, up to a level three fine on prosecution (up to £1,000)
• FPNs are payable within 14 days. If paid within ten days, a discounted charge of £75 is applied
• Payment of the FPN discharges liability to conviction for the original offence  
• Sunderland City Council works in partnership with Northumbria Police to ensure the effective enforcement of these regulations