DRAFT

  1. This Order is made on (date) by Wirral Borough Council under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 and takes effect from that date for a period of 2 years
  2. This Order applies to the grassed areas known as New Brighton Dips outlined below.
  3. The following conduct is prohibited within the boundary of the area which is outlined in red on the map below:

Congregating

No group consisting of 4 or more persons shall congregate between the hours of 10:30pm and 04:00am within the designated restricted area without the written authorisation of Wirral Council (excluding keep fit groups, dog walkers, sports teams, families, community groups, unless these groups are causing or likely to cause harassment, alarm or distress to local residents or other open space users)

Any person or group instructed by an authorised officer to leave the restricted area, must leave without delay, by the shortest route and not return to the restricted area for a period of 24 hours.

Urinating or defecating

No person shall urinate or defecate or empty any portable toilet cassette within the Restricted Area except in a toilet or premises designated for that purpose.

Unauthorised vehicles on the grassed areas of the Dips (as per restricted area)

No unauthorised motor vehicles (including motor car, motor cycles, mopeds and scooters but excluding disability buggies or motorised wheelchairs) shall enter the grassed area within the designated restricted area without the written authority of Wirral council.

Intoxication and Psychoactive substances

No person shall drink, inhale, inject, or otherwise use or be in possession of any intoxicating substances or “legal highs” or drug paraphernalia including nitrous oxide canisters within the restricted area. This includes substances with the capacity to stimulate or depress the central nervous system.

Where a Police Officer or a person duly authorised by the Council reasonably believes that a person has been consuming any intoxicating substances or nitrous oxide, or that a person intends to consume any intoxicating substances or nitrous oxide in circumstances in which doing so would be a breach of that prohibition, the Police Officer or authorised person may, under section 63 (2) of the 2014 Act, require that person:

(a) Not to consume, in breach of the prohibition, any intoxicating substance or “legal high” including nitrous oxide or anything which the Police Officer or authorised person reasonably believes to be an intoxicating substance or “legal high” including nitrous oxide.
(b) To surrender anything in that persons possession which is, or which the Police Officer or authorised person reasonably believes to be an intoxicating substance or “legal high” including nitrous oxide and their containers/cannisters.
(c) A Police Officer or authorised person may dispose of anything surrendered to him or her as a result of a requirement imposed by him or her in whatever way he or she thinks appropriate.
(d) A Police Officer or an authorised person who imposes such a requirement must tell the person that failing without reasonable excuse to comply with the requirement is an offence.
(e) A requirement imposed by an authorised person is not valid if the authorised person is asked to show evidence of his or her authorisation but fails to do so.

Litter and Waste disposal

No person shall dispose of any litter or waste in the designated restricted area other than in the bins provided.

Alcohol Consumption

No person shall refuse to stop drinking or refuse to surrender any containers (sealed or unsealed) which are believed to contain alcohol, when required to do so by an authorised officer in the restricted area.
Where a Police Officer or a person duly authorised by the Council reasonably believes that a person has been consuming alcohol, or that a person intends to consume alcohol in circumstances in which doing so would be a breach of that prohibition, the Police Officer or authorised person may, under section 63 (2) of the 2014 Act, require that person:

(1) Not to consume, in breach of the prohibition, alcohol or anything which the Police Officer or authorised person reasonably believes to be alcohol.
(2) To surrender anything in that persons possession which is, or which the Police Officer or authorised person reasonably believes to be, alcohol or a container for alcohol.
(3) A Police Officer or authorised person may dispose of anything surrendered to him or her as a result of a requirement imposed by him or her in whatever way he or she thinks appropriate.
(4) A Police Officer or an authorised person who imposes such a requirement must tell the person that failing without reasonable excuse to comply with the requirement is an offence.
(5) A requirement imposed by an authorised person is not valid if the authorised person is asked to show evidence of his or her authorisation but fails to do so.

View map

Appeals

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.

Dated: 

THE COMMON SEAL OF 
WIRRAL BOROUGH COUNCIL
was hereunto affixed in the presence of       

……………………………………….
HEAD OF LEGAL AND MEMBER SERVICES