Draft

Anti-social Behaviour, Crime and Policing Act 2014, Section 59

Public Spaces Protection Order 2020 – Alleyway Gating, Birkenhead North

This Public Spaces Protection Order is made by Wirral Council under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014

1. Citation

This Order may be cited as The Wirral Council Alleyway Gating Order (Birkenhead North).

2. Duration of The Wirral Council Alleyway Gating Order (Birkenhead North)

(i) The Wirral Council Alleyway Gating Order (Birkenhead North) will remain in force for a period of 3 years from the commencement date given in paragraph 4(i) below.

(ii) Before the expiry of Wirral Council Alleyway Gating Order (Birkenhead North), Wirral Council may extend the duration of it if satisfied on reasonable grounds that doing so is necessary to prevent occurrence or recurrence after that time of activities have had a detrimental effect on the quality of life of those in the locality, or if it is satisfied on reasonable grounds that doing so is necessary to prevent an increase in the frequency or seriousness of such activities.

(iii) The Wirral Council Alleyway Gating Order (Birkenhead North) may be extended more than once.

3. Effect

(i) The Wirral Council Alleyway Gating Order (Birkenhead North) comes into force on […….] [……….] 2020.

(ii) The Wirral Council Alleyway Gating Order (Birkenhead North) is made because Wirral Council is satisfied on reasonable grounds that the two conditions prescribed by section 59 of the 2014 Act are met, namely:

a. activities carried on in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality, or it is likely that activities will be carried on in a public place within that area and that they will have such an effect; and

b. the effect, or likely effect of the activities:
i. is, or is likely to be, of a persistent or continuing nature;
ii. is, or is likely to be, such as to make the activities unreasonable, and
iii. justifies the restrictions imposed by the Wirral Council Alleyway Gating Order (Birkenhead North).

(iii) The prohibitions or requirements imposed by the Wirral Council Alleyway Gating Order (Birkenhead North)  are ones that Wirral Council has determined are reasonable to impose in order to prevent the detrimental effect continuing, occurring or recurring, or to reduce that detrimental effect or to reduce the risk of its continuance, occurrence or recurrence.

4. Offence of failing to comply with The Wirral Council Alleyway Gating Order (Birkenhead North): section 67 of the Act

(i) It is an offence for a person, without reasonable excuse:

a. to do anything that that person is prohibited from doing by The Wirral Council Alleyway Gating Order (Birkenhead North); or

b. to fail to comply with a requirement to which that person is subject under the Wirral Council Alleyway Gating Order (Birkenhead North).

(ii) A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(iii) A person does not commit an offence under section 67 of the Act by failing to comply with a prohibition or requirement that the local authority did not have power to include in The Wirral Council Alleyway Gating Order (Birkenhead North).

(iv) An authorised officer may issue a fixed penalty notice to anyone he or she has reason to believe has committed an offence under section 67 of the Act in relation to Wirral Council Alleyway Gating Order (Birkenhead North).

(v)  A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty not exceeding £100 to Wirral Council.

5. Variation and Discharge of The Wirral Council Alleyway Gating Order (Birkenhead North): section 61 of the Act

(i) Wirral Council may, in appropriate circumstances, vary The Wirral Council Alleyway Gating Order (Birkenhead North) by increasing or reducing the restricted areas and/or by altering or removing a prohibition or requirement included in The Wirral Council Alleyway Gating Order (Birkenhead North), or by adding a new one.

(ii) Wirral Council may discharge The Wirral Council Alleyway Gating Order (Birkenhead North) at any time.

6. Challenging the Wirral Council Alleyway Gating Order (Birkenhead North): section 66 of the Act

(i) Under section 66(1) of the Act an Interested Person may apply to the High Court to question the validity of The Wirral Council Alleyway Gating Order (Birkenhead North), or the validity of any variation of it, on the grounds specified in section 66(2) of the Act, namely:

a. that Wirral Council did not have power to make The Wirral Council Alleyway Gating Order (Birkenhead North), or any subsequent variation of it, or to include particular prohibitions or requirements imposed by The Wirral Council Alleyway Gating Order (Birkenhead North) (or any subsequent variation of it); or

b. that a requirement under Chapter 2 of Part 4 of the Act was not complied with in relation to The Wirral Council Alleyway Gating Order (Birkenhead North), or any subsequent variation of it.

(ii) Under section 66(3) of the Act any application to challenge the validity of The Wirral Council Alleyway Gating Order (Birkenhead North), or any subsequent variation of it, must be made by an Interested Person within the period of 6 weeks beginning with the date on which The Wirral Council Alleyway Gating Order (Birkenhead North) is made, or the date on which any subsequent variation is made.

7. Prohibition

By this order:

  1. Entry to the areas listed below at sub paragraph 4 and set out in the areas edged in red on the attached plan(s) (“the affected areas”) is limited to allow only:

i) persons who occupy or have any legal or equitable interest in a property adjoining the affected areas,
ii) any person visiting or invited to attend the affected areas by any persons who occupy or have any legal or equitable interest in a property adjoining the affected areas,
iii) any person carrying out any function for or on behalf of Wirral Council including, but not limited to, the removal of waste
iv) any person attending for or on behalf of the emergency services

2. The areas affected will be restricted at all times by the erection of a barrier(s) situated at such locations so as to prevent any person other than those identified in sub paragraph 1 entering the said areas affected.

3. Any other person who, without reasonable excuse, enters the affected areas during the currency of this order commits an offence.

4. The areas affected by this Order are:

(i) The alleyway between Laird Street and Upper Brassey Street (Area “A”);
(ii) The alleyways between Laird Street and Upper Brassey Street (Area “B”);
(iii) The alleyway between Upper Brassey Street and Norman Street (Area “C”);
(iv)   The alleyways between Upper Brassey Street and Norman Street (Area “D”);
(v) The alleyway between Mallaby Street and Danescourt Road (Area “E”);
(vi) The alleyway between Brow Road and Keswick Place (Area “F”);
(vii) Rear of shops / premises on Hoylake Road and Challis St (Area “G”) and
(viii) The alleyway between Patten Street, Brassey Street, and Brill Street (Area “I”)

5. Entry to Banning Close, Birkenhead may only be accessed via Beckwith Street, Birkenhead, (Area “H”) in respect of all persons save for:

i) persons who occupy or have any legal or equitable interest in a property adjoining the affected areas,
ii) any person visiting or invited to attend the affected areas by any persons who occupy or have any legal or equitable interest in a property adjoining the affected areas,
iii) any person carrying out any function for or on behalf of Wirral Council including, but not limited to, the removal of waste
iv) any person attending for or on behalf of the emergency services

6. Entry to Banning Close, Birkenhead will be restricted at all times by the erection of a barrier(s) situated at such locations so as to prevent any person entering Banning Close, Birkenhead in a manner which would breach the terms of this order.

Dated: ………………………………………

The common seal of Wirral Borough Council
was hereunto affixed in the presence of       

……………………………………….
Head of Legal and Member Services