Public Spaces Protection Orders (PSPOs) can be made by the council to deal with a particular problem in an area that is detrimental to the local community’s quality of life. PSPOs impose conditions on the use of the area.
They are designed to ensure that public spaces can be enjoyed, safe from anti-social behaviour.
Failure to comply with this order is a criminal offence. Breach of a PSPO may lead to a £100 Fixed Penalty Notice. A person found guilty of such an offence is liable, on conviction, to a fine of £1,000.
On 3 September 2020 Wirral Council introduced temporary Public Space Protection Orders (PSPOs) in two areas in the borough that have been affected by crime. These include:
- View the West Kirby beach and Cubbins Green PSPO (PDF, 1MB)
- View the New Brighton Dips PSPO (PDF, 1MB)
The PDF files above may not be suitable to view for people with disabilities, users of assistive technology or mobile phone devices.
Any challenge to this order must be made in the High Court by an interested person within six weeks of it being made. An interested person is someone who visits the restricted area. This means that only those who are directly affected by the restrictions have the right to challenge. The right to challenge also exists where an order is varied by the council.
Interested persons can challenge the validity of this order on two grounds; 1) that the Council did not have the power to make the order or to include particular prohibitions or requirements or that 2) one of the requirements of the legislation has not been complied with.
When an application is made the High Court can decide to suspend the operation of the order pending the Court’s decision, in part or totality. The High Court has the ability to uphold the order, quash it, or vary it.